BCC Minutes 07/12/2016 R BCC
REGULAR
MEETING
MINUTES
July 12, 2016
July 12, 2016
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, July 12, 2016
LET IT BE REMEMBERED, that the Board of County
Commissioners, in and for the County of Collier, and also acting as the
Board of Zoning Appeals and as the governing board(s) of such special
districts as have been created according to law and having conducted
business herein, met on this date at 9:00 a.m., in REGULAR SESSION
in Building "F" of the Government Complex, East Naples, Florida,
with the following members present:
CHAIRMAN: Donna Fiala
Tom Henning
Georgia Hiller
Tim Nance
Penny Taylor
ALSO PRESENT:
Leo Ochs, County Manager
Nick Casalanguida, Deputy County Manager
Jeffrey A. Klatzkow, County Attorney
Crystal Kinzel, Director of Finance and Accounting
Troy Miller, Communications & Customer Relations
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COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
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AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples FL 34112
July 12, 2016
9:00 AM
Commissioner Donna Fiala, District 1 — BCC Chair
Commissioner Tim Nance, District 5 — BCC Vice-Chair; CRAB Chair
Commissioner Georgia Hiller, District 2 — Community & Economic Develop. Chair
Commissioner Tom Henning, District 3 — PSCC Representative
Commissioner Penny Taylor, District 4 — CRAB Vice-Chair; TDC Chair
NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST
REGISTER PRIOR TO PRESENTATION OF THE AGENDA ITEM TO BE
ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE
(3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
PUBLIC COMMENT ON GENERAL TOPICS NOT ON THE CURRENT OR
FUTURE AGENDA TO BE HEARD NO SOONER THAN 1:00 P.M., OR AT THE
CONCLUSION OF THE AGENDA; WHICHEVER OCCURS FIRST. •
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS."
PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A
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July 12,2016
MAXIMUM TIME OF TEN MINUTES.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING
BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE
BOARD MINUTES AND RECORDS DEPARTMENT.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN
ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES
MANAGEMENT DIVISION LOCATED AT 3335 EAST TAMIAMI TRAIL,
SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE FACILITIES MANAGEMENT DIVISION.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M
INVOCATION AND PLEDGE OF ALLEGIANCE
1. Reverend Dawson Taylor - Naples United Church of Christ
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended (Ex
Parte Disclosure provided by Commission members for consent agenda.)
B. June 14, 2016 - BCC/Regular Meeting Minutes
C. June 16, 2016 - BCC/Budget Workshop Minutes
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July 12, 2016
3. SERVICE AWARDS
A. ADVISORY BOARD MEMBERS
1) 20 Year Attendees
a) Dalas Disney - Development Services Advisory Committee
4. PROCLAMATIONS
A. Proclamation recognizing and celebrating the 100th Anniversary of the
National Park Service and our wonderful national parks and preserves. To
be accepted by Ron Clark, Chief of Resource Management of the National
Park Service - Big Cypress National Preserve (Mr. Clark is accepting the
proclamation on behalf of Pedro Ramos, Superintendent, Everglades
National Park; Tamara Whittington, Superintendent, Big Cypress National
Preserve; JD Lee, Deputy Superintendent, Big Cypress National Preserve;
Justin Unger, Deputy Superintendent, Everglades National Park/Dry
Tortugas National Park; Bob DeGross, Acting Superintendent, Biscayne
National Park and on behalf of the National Park Service.)
B. Proclamation designating July 30, 2016, as Christmas in July Day in Collier
County, in recognition of the cooperative effort between the Kiwanis Club
District 22 and the Hunger & Homeless Coalition of Collier County. To be
accepted by Christine Welton, Executive Director - Hunger & Homeless
Coalition of Collier County, and Bill Ricigliano, Board Member - Hunger &
Homeless Coalition of Collier County.
C. Proclamation designating July 2016 as Parks and Recreation Month in
Collier County, in recognition of the many benefits derived from parks and
recreation resources. To be accepted by representatives of the Collier County
Parks and Recreation Division: Barry Williams, Jeanine McPherson, Annie
Alvarez, Carrie Drew, Olema Edwards, and participants from Camp Collier.
5. PRESENTATIONS
A. Presentation of the Collier County Business of the Month for July 2016 to
DeAngelis Diamond. To be accepted by John DeAngelis, Co-founder,
DeAngelis Diamond; BJ Brundage, Business Development Director,
DeAngelis Diamond; and Kristi Bartlett, Vice President, Economic
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July 12, 2016
Development, the Greater Naples Chamber of Commerce.
B. Recommendation to recognize Lisa Jacob, Project Manager Associate,
Pelican Bay Services as the June 2016 Employee of the Month.
6. PUBLIC PETITIONS
Item #7 to be heard no sooner than 1:00 pm unless otherwise noted.
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT
OR FUTURE AGENDA
Item #8 and#9 to be heard no sooner than 1:30 pm unless otherwise noted.
8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
A. This item has been continued from the June 28, 2016 BCC meeting.
Recommendation to consider an Ordinance amending Ordinance Number
04-41, as amended, the Collier County Land Development Code, which
includes the comprehensive land regulations for the unincorporated area of
Collier County, Florida, to make comprehensive changes to architectural and
site design standards, more specifically by amending Chapter Two - Zoning
Districts and Uses; Chapter Four - Site Design and Development Standards;
Chapter Five - Supplemental Standards, Chapter Six - Infrastructure
Improvements and Adequate Public Facilities Requirements, Chapter Ten -
Application, Review, and Decision-Making Procedures, and as further
described in the attached amendments.
B. This item has been continued from the June 28, 2016 BCC Meeting.
Recommendation to consider adopting an Ordinance amending Ordinance
Number 04-41, as amended, the Collier County Land Development Code,
which includes the comprehensive land regulations for the unincorporated
area of Collier County, Florida, by amending Chapter One - General
Provisions; Chapter Two - Zoning Districts and Uses; Chapter Three -
Resource Protection; Chapter Four - Site Design and Development
Standards; Chapter Five - Supplemental Standards; Chapter Six -
Infrastructure Improvements and Adequate Public Facilities Requirements;
Chapter Nine - Variations From Code Requirements; and Chapter Ten -
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July 12, 2016
Application, Review, and Decision-Making Procedures, and more
specifically as described in the attached amendments.
10. BOARD OF COUNTY COMMISSIONERS
A. Recommendation to establish an annual "Against All Odds" award program
recognizing an individual who has overcome great challenges that most of us
have not faced and is someone who, in spite of his or her circumstances, has
excelled and given back to the community, and to develop the procedures for
implementing this program. (Commissioner Taylor)
11. COUNTY MANAGER'S REPORT
A. Recommendation to adopt a resolution establishing Proposed Millage Rates
as the Maximum Property Tax Rates to be levied in FY 2016/17 and
Reaffirm the Advertised Public Hearing dates in September, 2016 for the
Budget approval process. (Mark Isackson, Corporate Financial and
Management Services Division Director)
B. This item continued from the June 28, 2016 BCC Meeting.
Recommendation to adopt a Resolution fixing the date, time and place for
the Public Hearing for approving the Special Assessment (Non-Ad Valorem
Assessment) to be levied against the properties within the Pelican Bay
Municipal Service Taxing and Benefit Unit for maintenance of the water
management system, beautification of recreational facilities and median
areas and maintenance of conservation or preserve areas, and establishment
of Capital Reserve Funds for ambient noise management, maintenance of
conservation or preserve areas, including the restoration of the mangrove
forest, U.S. 41 berm, street signage replacements within the median areas,
landscaping improvements to U.S. 41 entrances and beach renourishment,
all within the Pelican Bay Municipal Service Taxing and Benefit Unit. (Neil
Dorrill, Pelican Bay Services Division)
C. Recommendation to Award Contract #16-6628, Vanderbilt Drive Bridge
Replacements, to Thomas Marine Construction, Inc., in the amount of
$5,415,914.91, Project No. 66066, authorize the necessary budget
amendments and recognize a future fund reimbursement. (Jay Ahmad,
Transportation Engineering Division Director)
D. Recommendation to Award Bid Number 16-6638, "Vanderbilt Drive Cul-
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July 12, 2016
de-sacs Public Utility Renewal Project," Project Numbers 60122 and 70122
to Mitchell & Stark Construction Company, Inc., in the amount of
$17,300,544.02 for the work on the integrated Wastewater Basin 101
Program; and, authorize the necessary budget amendments. This is a
companion to Item 11E. (George Yilmaz, Public Utilities Department Head)
E. Recommendation to approve a $1,602,777 purchase order to Stantec
Consulting Services, Inc., under contract number 14-6345, for Construction,
Engineering, and Inspection Services for the integrated Wastewater Basin
101 Project commonly referred to as the "Vanderbilt Drive Cul-de-sacs
Public Utility Renewal Project". (Project Numbers 60122 and 70122) This is
a companion to Item 11D. (George Yilmaz, Public Utilities Department
Head)
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
B. COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
A. GROWTH MANAGEMENT DEPARTMENT
1) Recommendation to approve an easement agreement for the purchase
of a road right-of-way, drainage and utility easement (Parcel
298RDUE) required for the expansion of Golden Gate Boulevard
from 20th Street East to east of Everglades Boulevard. (Project No.
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July 12, 2016
60145.) Estimated Fiscal Impact: $8,045.50.
2) Recommendation to approve an easement agreement for the purchase
of a road right-of-way, drainage, and utility easement (Parcel
391RDUE) required for the expansion of Golden Gate Boulevard
from 20th Street East to east of Everglades Boulevard (Project
#60145). Estimated Fiscal Impact: $302,527.
3) Recommendation to approve an easement agreement for the purchase
of a road right-of-way, drainage, and utility easement (Parcel
359RDUE) and a temporary driveway restoration easement (Parcel
359TDRE) required for the expansion of Golden Gate Boulevard from
20th Street East to east of Everglades Boulevard. (Project No.
60145). Estimated Fiscal Impact: $10,108.
4) Recommendation to approve a Resolution amending Exhibit "A" to
Resolution No. 2013-239, the list of Speed Limits on County
Maintained Roads, to reflect the temporary reduction of the speed
limits on: CR 901/Vanderbilt Drive, from 400' South of the beginning
of the Project 400' North of the ending of the Project, from thirty-five
(35) miles per hour to twenty (20) miles per hour, due to the
construction of the Vanderbilt Drive Bridge Replacements (Project
#66066.11).
5) Recommendation to Reject the Award of a Construction Contract to
the sole qualified bidder for the recently advertised ITB Solicitation
#16-6572, "Golden Gate Parkway at Livingston Road Intersection
Improvements," and authorize re-advertisement of Project #60178.
6) Recommendation to approve an easement agreement for the purchase
of a road right-of-way, drainage, and utility easement (Parcel
368RDUE) required for the expansion of Golden Gate Boulevard
from 20th Street East to east of Everglades Boulevard (Project
60145). Estimated Fiscal Impact: $22,527.
7) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of$73,000 which was posted as a
guaranty for Excavation Permit Number 60.103, PL20130001578 for
work associated with the Brandon subdivision.
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July 12, 2016
8) Recommendation to authorize the Clerk of Courts to release a Cash
Bond in the amount of$25,000 to JD Development 1, LLC., which
was posted as a guaranty for Excavation Permit Number 60.124,
PL20150000480 for work associated with Legacy Estates.
9) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Caymas Phase One,
(Application Number PL20150001759) approval of the standard form
Construction and Maintenance Agreement and approval of the amount
of the performance security.
10) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the minor final plat of Lakoya Tract 54,
Application Number PL20160000947.
11) Recommendation to grant final approval of the private roadway and
drainage improvements for the final plat of Bella Firenze Application
Number PL20120002425 with the roadway and drainage
improvements being privately maintained and authorizing the release
of the maintenance security.
12) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Anthem Parkway Phase One
(Application Number PL20150001931) approval of the standard form
Construction and Maintenance Agreement and approval of the amount
of the performance security.
13) Recommendation to approve an easement agreement for the purchase
of a Road Right-of-Way, Drainage and Utility Easement (Parcel
381RDUE) required for the expansion of Golden Gate Boulevard
from 20th Street East to east of Everglades Boulevard. Project No.
60145 (Estimated Fiscal Impact: $30,150).
14) Recommendation to approve the list of proposed 2016 Land
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Development Code Amendments for the 2016 Cycle of Amendments.
15) Recommendation to award ITB No. 16-6607 Collier Blvd. Highway
Beautification to Hannula Landscaping and Irrigation, Inc., in the
amount of$152,247.78, authorize the Chairman to execute the
attached Agreement and approve the necessary budget amendment
(Project #60149).
16) Recommendation to approve Category "A" Tourist Development
Council Grant applications from the City of Naples, the City of Marco
Island and Collier County for FY-2016-2017 in the amount of
$10,999,000, including program management and administration;
authorize the Chairman to sign Grant Agreements following approval
of the County Attorney and make a finding that these expenditures
will promote tourism.
17) Recommendation to approve the Release of a Code Enforcement Lien
with an accrued value of$560,203.75 for payment of$4,703.75 in the
code enforcement action entitled Board of County Commissioners v.
Granada Lakes Villas Condominium Association, Inc., Code
Enforcement Board Case No. CEPM20130002733 relating to property
located at 116 Santa Clara Drive, #8, Collier County, Florida.
18) Recommendation to approve the Release of a Code Enforcement Lien
with an accrued value of$5,000 for payment of$450 in the code
enforcement action entitled Board of County Commissioners v.
Steven R. Cuiffo, Code Enforcement Board Case No.
CESD20140025741 relating to property located at 308 Morgan Road,
Collier County, Florida.
19) Recommendation to grant final acceptance of the public roadway and
drainage improvements in the Tract A-1, Black Bear Ridge, Phase 2,
and the rights-of-way known as Wolfe Road and a portion of Pristine
Drive as conveyed and recorded in OR Book 4981, Page 133, OR
Book 4869, Page 2896, and OR Book 4655, Page 1761, with the
roadway and drainage improvements being maintained by Collier
County.
20) Recommendation to authorize the Clerk of Courts to release a
Performance Bond to D.R. Horton, Inc., in the amount of$81,300
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July 12, 2016
which was posted as a guaranty for Excavation Permit Number
PL20130001978, (Excavation Permit No. 60.099) for work associated
with Tuscany Pointe.
21) Recommendation to approve a Joint Participation Agreement (JPA)
with the Florida Department of Transportation (FDOT) in which
Collier County would receive reimbursement up to the amount of
$905,348 for the construction of turn lane improvements at the
intersection of State Road 82 (Immokalee Road) and County Road
850 (Corkscrew Road); to execute a Resolution memorializing the
Board's action; to authorize all necessary budget amendments; and to
authorize the Chairman, without further Board action, to execute a
future amendment of the JPA for the sole purpose of incorporating the
final design plans after FDOT approval. (Project Number 33478).
22) Recommendation to award ITB No. 16-6658 Sand Supply for beach
re-nourishment to Stewart Materials, Inc., and make a finding that this
project and expenditure promotes tourism.
B. COMMUNITY REDEVELOPMENT AGENCY
C. PUBLIC UTILITIES DEPARTMENT
1) Recommendation to approve a $339,198 work order under Request
for Quotation #14-6213-63 to Douglas N. Higgins, Inc., to replace
flow equalization control gates under South County Water
Reclamation Facility Technical Support Project Number 73969.
2) Recommendation to approve Amendment#2 to Contract #11-5782
with CDM Smith, Inc., in the amount of$597,413 for Basin 101 of
the "Wastewater Basin Program" for professional engineering design
services associated with the 8th Street North Gravity Interceptor
Sewer and Master Pump Station 101.12.
3) Recommendation to award Invitation to Bid #16-6543, "Grease
Hauling," to Marlin Environmental, Inc., d/b/a Al Gator Septic, as the
primary contractor and Carlos Rivero Plumbing and Septic Tank
Contractor, Inc., as the secondary contractor.
4) Recommendation to approve a $515,415 work order under Request
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July 12, 2016
for Quotation #14-6213-64 to Douglas N. Higgins, Inc., to replace
pump station 309.19 under Wastewater Pump Station Technical
Support Project Number 70046.
5) Recommendation to authorize a Budget Amendment in the amount of
$165,000 transferring budget between cost centers within the Collier
County Water-Sewer District Operating Fund (408) to cover costs for
unanticipated increases in bank fees and contractual services.
6) Recommendation to approve a Second Amendment to the 2011
Agreement with CollectorSolutions, Incorporated (#06-3972) to
consolidate processing of all credit card, Automated Clearing House
and point of sale electronic transactions in the Board of
Commissioners Agency and authorize the Chairman to execute the
agreement after final review by the County Attorney's Office.
7) Recommendation to correct a scrivener's error by changing the
amount of the Awarded Bid Number 16-6602, "Naples South Water
Main Replacement," Project Number 71010, to Kyle Construction,
Inc., from $1,392,752.40 to $1,392,737.
D. PUBLIC SERVICES DEPARTMENT
1) Recommendation to approve a Resolution naming the Golden Gate
dog park the "Golden Gate Paws Park" as recommended by the Parks
and Recreation Advisory Board.
2) Recommendation to authorize the Chairman to sign a Memorandum
of Agreement with the Florida Fish and Wildlife Conservation
Commission to allow youth hunts for Collier County residents at
Pepper Ranch Preserve in November 2016, January 2017 and
February 2017.
3) Recommendation to approve "after-the-fact" Amendment and
Attestation Statement with Area Agency on Aging for Southwest
Florida, Inc. for the Alzheimer's Disease Initiative grant program for
the Collier County Services for Seniors and budget amendment to
ensure continuous funding for FY2015/2016. (Net Fiscal Impact
$4,600)
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4) Recommendation to approve "after-the-fact" Amendment and
Attestation Statement with Area Agency on Aging for Southwest
Florida, Inc. for the Community Care for the Elderly grant program
and budget amendment to ensure continuous funding for FY
2015/2016. (Net Fiscal Impact ($50,000)
5) Recommendation to approve "after-the-fact" Amendments and
Attestation Statements with Area Agency on Aging for Southwest
Florida, Inc. for the Community Care for the Elderly, Alzheimer's
Disease Initiative, and Home Care for the Elderly grant programs to
extend the term of the agreements and ensure continuous funding for
FY 2015/2016.
6) Recommendation to approve an "after-the-fact" Amendment and
Attestation Statement with Area Agency on Aging for Southwest
Florida, Inc. for Services for Seniors Older Americans Act Title IIIC 1
program and IIIB programs and approve a budget amendment to
ensure continuous funding for FY 2016 (Fiscal Impact $6,829.67).
7) Recommendation to approve one mortgage satisfaction for the State
Housing Initiatives Partnership loan program in the amount of
$20,000.
8) Recommendation to approve one release of lien for full payment of
deferral of 100 percent of countywide impact fees for owner-occupied
affordable housing dwelling unit.
9) Recommendation to approve a budget amendment recognizing
$38,900.48 in revenue received under the Community Development
Block Grant Program.
10) Recommendation to approve the Naples Municipal Airport Bus
Shelter Maintenance Agreement with the Naples Airport Authority
authorizing the construction of two bus shelters to be used for the
Collier Area Transit (CAT) Public Transportation System along
Airport Property.
11) Recommendation to approve and authorize the Chairman to execute
two Landlord Payment Agreements, allowing the County to
administer the Rapid Re-Housing and Homelessness Prevention
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July 12,2016
Program through the Emergency Solutions Grant Program.
12) Recommendation to waive Affordable Housing Density Bonus Land
Development Code Section 2.06.04 A.11 to allow for one otherwise
qualified individual that may be considered to be affiliated with the
Developer to occupy an Affordable Housing Density Bonus unit.
13) Recommendation to approve the FY16 Program of Projects and
submittal of a grant application for the Federal Transit Administration,
49 USC § 5307 FY16 grant funds in the amount of$2,743,559
through the Transit Award Management System (TrAMS) and
appropriate a budget amendment to allow continuous operation of the
Collier Area Transit system prior to the execution of the grant award.
14) Recommendation to approve the FY16 Program of Projects and
submittal of a grant application for the Federal Transit Administration,
49 USC § 5339 FY16 grant funds of$299,327 through the Transit
Award Management System (TrAMS).
15) Recommendation to approve and authorize the Chair to sign a lien
agreement with Big Cypress Housing Corporation (DEVELOPER) for
deferral of Specified Collier County impact fees for 18 rental
affordable housing units located at Hatchers Preserve, Immokalee,
Florida; and approve a refund of$28,105.64 of previously paid impact
fees for this property.
16) Recommendation to approve the Disadvantaged Business Enterprise
(DBE) Goal for FY 17, 18, and 19 to ensure that DBE's have an equal
opportunity to receive and participate in Federal Transit
Administration assisted contracts by ensuring nondiscrimination in
their award and administration.
17) Recommendation to grant a Temporary Construction Easement to IC
Aqua II, LLC over a portion of the Cocohatchee River Park to allow
for improvements in the Park made pursuant to Commitment 6.15.A
of PUD Ordinance 2005-15, Coconilla RPUD (Aqua).
E. ADMINISTRATIVE SERVICES DEPARTMENT
1) Recommendation to approve and accept the conveyance of a utility
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July 12,2016
easement through County property to the Collier County Water-Sewer
District on behalf of the Public Utilities Department.
2) Recommendation to approve Lease No. 57-4209-15-003 with the
United States of America on behalf of the United States Department
of Agriculture for the continued use of office space within the Collier
County University Extension Office.
3) Recommendation to approve the addition of four classifications,
removal of four classifications and the reclassification of two
positions in the 2016 Fiscal Year Pay & Classification Plan made
from April 1, 2016 through June 30, 2016.
4) Recommendation to award Request for Proposal #16-6615,
"Biometric Testing" to Midland Health Services, Inc. (Fiscal Impact
$349,800)
5) Recommendation to approve and authorize a three month extension to
the ICMA Retirement Corporation Administrative Services
Agreement currently scheduled to expire on July 26, 2016.
6) Recommendation to reject the sole response received from Invitation
to Bid (ITB) #16-6640 Uninterruptible Power Systems (UPS) for
Facilities Management Division, in conjunction with other County
Departments and Divisions, and to authorize County staff to re-solicit.
7) Recommendation to award #16-6591 for the purchase of Power
Ambulance Stretchers to Stryker Sales Corporation in the amount of
$139,300.
8) Recommendation to approve the administrative reports prepared by
the Procurement Services Division for change orders, surplus property
and other items as identified.
F. COUNTY MANAGER OPERATIONS
1) Recommendation to Award Invitation to Bid (ITB) #16-6635 for
Closed Captioning Services to Aberdeen Captioning, Inc. as the
primary vendor and Captioning Services, LLC dba Florida Captioning
Services as the secondary vendor.
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July 12, 2016
2) Recommendation to Award Request for Proposal #16-6648 to Ignite
Software Holdings, LLC for the purchase of internal controls and
business risk assessment software and authorize the necessary budget
amendment (Fiscal Impact FY 17 not to exceed $161,100).
3) Recommendation to approve Tourist Development Tax Category "B"
funding to support the four upcoming FY 16 Sports Events up to
$12,800 and make a finding that these expenditures promote tourism.
4) Recommendation to Award ITB #16-6645 "Production of Tourism
Guide" to Florida Homes Magazine, LLC d/b/a Fuse Media ("Fuse
Media") for the production services, reject all bids for the printing of
the Tourism Guide, re-solicit printing bids and make a finding that
this action promotes tourism.
5) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2015-16 Adopted Budget.
6) Recommendation to Award Invitation to Bid (ITB) #16-6676, for
"Lake Aeration Equipment for Pelican Bay" to DeAngelo Brothers,
LLC d/b/a Aquagenix ("Aquagenix") for $82,498 under Project
#50108, "Lake Aeration for Pelican Bay."
7) Recommendation to approve the proposed Project Ice as a qualified
applicant to Collier County's Advanced Long-term Productivity
Strategy Program ("ALPS"), providing up to $483,452 in performance
based high wage job creation incentives, spread over four years, for a
corporate headquarters project.
8) Recommendation to accept the 2016 Contractor Feedback Survey that
was authorized by the Board of County Commissioners on February
9, 2016.
9) Recommendation to adopt a resolution approving the submittal of a
Rural Business Development Grant (RBDG) application to the United
States Department of Agriculture (USDA) for the Immokalee
Culinary Accelerator for the maximum amount of$200,000 and
incorporating specified grant provisions.
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July 12,2016
10) Recommendation to approve the attached agreement with Project
Nikita which provides for up to $600,000 of local financial support for
the Florida Quick Action Closing Fund (QACF) economic
development incentive inducing the corporate headquarters project
which will create 560 new quality jobs in Collier County.
G. AIRPORT AUTHORITY
1) Recommendation to approve a Site License Agreement with Altair
Training Solutions, Inc. to Conduct Driver Training Events at the
Immokalee Regional Airport.
2) Recommendation to Reject Invitation to Bid (ITB) No. 16-6592
Airport Authority Rental Car Concessionaire Services and approve
Amendment #3 to Collier County Airport Authority Concession
Agreement for Car Rental Service with Enterprise Leasing Company
of Florida, LLC.
H. BOARD OF COUNTY COMMISSIONERS
1) Recommendation to appoint a member to the Golden Gate
Beautification Advisory Committee.
2) Recommendation to appoint a non-resident member to the Collier
County Citizen Corps. This item is contingent upon the Board's
adopting the proposed amendments to Ordinance 02-56, known as the
Collier County Citizens Corps Ordinance, which includes the waiver
of Collier County residency.
MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
1) To record in the minutes of the Board of County Commissioners, the
check number (or other payment method), amount, payee, and
purpose for which the referenced disbursements were drawn for the
periods between June 16 to June 29, 2016 pursuant to Florida Statute
136.06.
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July 12, 2016
2) To provide the Special Interim Reports for approval as detailed in
Section 2c of the agreed-upon order dated July 16, 2015 by Judge
James R. Shenko in the manner requested by the Board of County
Commissioners (previously included in 16I) and that prior to payment,
the Board approves these expenditures with a finding that said
expenditures serve a valid public purpose and authorizes the Clerk to
make disbursement.
K. COUNTY ATTORNEY
1) Recommendation to approve and authorize the Chair to execute a
Settlement Agreement and Mutual Release, in the lawsuit styled
Douglas Holdridge v. Collier County, filed in the Twentieth Judicial
Circuit in and for Collier County, Florida (Case No. 16-0090-CA), for
the sum of$5,000.
2) Recommendation to approve a Joint Motion and Stipulated Final
Judgment in the amount of$1,250 for Parcels 101 DUE, 102DUE and
102TCE, in the lawsuit captioned Collier County v. Henry Allen Fish,
et al, Case No. 2015-CA-1810, required for the Intersection
Improvement Project No. 60016. (Fiscal Impact: $1,250)
3) Recommendation to approve a Joint Motion and proposed Stipulated
Final Judgment in the amount of$94,100 for Parcel 159RDUE in the
pending eminent domain case styled Collier County v. Lee
McCaskey, et al., Case No. 15-CA-0152 required for the widening of
Golden Gate Blvd. from Wilson Boulevard to 20th Street East, Project
No. 60040. (Fiscal Impact: $22,900)
4) Recommendation to approve and authorize the Chair to execute a
Settlement Agreement in the lawsuit styled Collier County Board of
County Commissioners v. F & H Electrical Contractors, Inc., d/b/a F
& H Contractors and Florida Power & Light (FPL), filed in the
Twentieth Judicial Circuit in and for Collier County, Florida (Case
No. 15-0284-CA), for the total sum of$14,665.
17. SUMMARY AGENDA - This section is for advertised public hearings and
must meet the following criteria: 1) A recommendation for approval from
staff; 2) Unanimous recommendation for approval by the Collier County
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July 12,2016
Planning Commission or other authorizing agencies of all members present
and voting; 3) No written or oral objections to the item received by staff, the
Collier County Planning Commission, other authorizing agencies or the
Board, prior to the commencement of the BCC meeting on which the items
are scheduled to be heard; and 4) No individuals are registered to speak in
opposition to the item. For those items which are quasi-judicial in nature, all
participants must be sworn in.
A. This item continued to the September 13, 2016 BCC Meeting. This item
requires that ex parte disclosure be provided by Commission members.
Should a hearing be held on this item, all participants are required to be
sworn in. Recommendation to approve Petition VAC-PL20160000379 to
disclaim, renounce and vacate the County and the public interest in a portion
of the east end of Mainsail Drive right-of-way, being a part of Marco Shores
Unit One, Plat Book 14, page 33 of the Public Records of Collier County,
Florida, located in Section 26, Township 51 South, Range 26 East, Collier
County, Florida.
B. This item continued from the June 28, 2016 BCC Meeting.
Recommendation to consider adoption of an Ordinance establishing the
"Longwater" Community Development District (CDD) pursuant to Section
190.005(2), Florida Statutes.
C. This item is withdrawn and will be re-advertised for the September 13,
2016 BCC meeting. Recommendation to approve a Resolution amending
Ordinance No. 2004-66, as amended, that created an Administrative Code
for Collier County, to add Section I.3.a., entitled Immokalee Nonconforming
Mobile Home Parks or Mobile Home Sites - Existing Conditions Site
Improvement Plan, to Chapter Four, Administrative Procedures, of Exhibit
"B," Administrative Code for Land Development; and providing an effective
date.
D. Recommendation to adopt an Ordinance to amend Ordinance 2002-56, the
Collier County Citizen Corps Ordinance.
E. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2015-16 Adopted Budget.
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July 12,2016
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
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July 12, 2016
July 12, 2016
MR. OCHS: Madam Chair, you have a live mike.
CHAIRMAN FIALA: Thank you very much.
Welcome, everyone. We're so glad that you're here with us this
morning. And, hi, young people. How are you?
AUDIENCE MEMBERS: Good.
CHAIRMAN FIALA: It's so nice. How you brighten up our day
today. That is so nice that you've come to join us. We're glad you're
here.
And with that, I'm going to ask everybody to stand up. We have a
minister here who's going to say a prayer with us, and then we're all
going to face the flag and put our hands on our hearts.
First we're going to hear the minister. The minister is Reverend
Dawson Taylor, and you're from United Church of Christ. Welcome,
welcome.
Item #1A
INVOCATION AND PLEDGE OF ALLEGIANCE — REVEREND
DAWSON TAYLOR — NAPLES UNITED CHURCH OF CHRIST —
INVOCATION GIVEN
REVERENCE TAYLOR: Correct. Thank you, Madam Chair.
Let us pray.
Gracious and loving God, indeed we give you thanks for the gift
of this day. And as we gather to convene the business of this county,
we ask that you would keep us mindful of all of those who are in
harm's way, that you would protect them, and that you would also
make us a county of peace and of justice.
We give you thanks for each of these commissioners for their
service, and we ask that you would make us a place where all people
are celebrated and welcomed. And as these young people are gathered
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July 12, 2016
here, we keep -- we ask that you would keep us mindful of the future
that is protected for them, that is created for them, so that in all things,
we might be the place where they are celebrated and they are
welcomed.
All of this we ask in your many names. Amen.
CHAIRMAN FIALA: And let's face the flag, which is over here,
put your hand on your heart and say with me the Pledge of Allegiance.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN FIALA: I noticed everybody knew how to say the
Pledge of Allegiance. Good for you.
(Applause.)
CHAIRMAN FIALA: And with that, County Manager?
Item #2A
APPROVAL OF TODAY'S REGULAR, CONSENT AND
SUMMARY AGENDA AS AMENDED (EX PARTE
DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR
CONSENT AGENDA.) — APPROVED AND/OR ADOPTED
W/CHANGES (COMMISSIONER TAYLOR ADDRESSED
CONCERNS REGARDING ITEM #16A14); (DR. JOSEPH
DOYLE, KEITH FLAUGH AND MARY ELLEN CASH SPOKE
AGAINST APPROVAL AND ASKED FOR THE REMOVAL OF
ITEM #16F10 AND TO BE BROUGHT BACK TO A SEPTEMBER
MEETING — DENIED DUE TO STATE STATUTE REGARDING
CONFIDENTIALITY)
MR. OCHS: Yes, ma'am. Good morning.
Commissioners, these are the proposed agenda changes for the
Board of County Commissioners meeting of July 12th, 2016.
The first proposed change is to move Item 16F from the consent
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July 12, 2016
agenda to become Item 11F on the regular agenda. That is a
Contractor Feedback Survey report, and that is moved at
Commissioner Nance's request.
The next proposed change is to move Item 16F9 from the consent
agenda to become Item 11G. It's a resolution to adopt a grant
application. And that is moved at Commissioner Taylor's request.
The next proposed change is to deny Item 16J3 on your consent
agenda until such time as the Clerk certifies that the payables presented
in the report have been pre-audited as previously specified by the
Board. That is a staff request.
The next proposed change is to withdraw Item 17B. That's a
CDD item that was withdrawn at the petitioner's request.
I have two time-certain items scheduled for this morning,
Commissioners. The first is 11F, that's the Contractor Feedback
Survey, will be heard at 10 a.m, and that Item 11G, which was the
previously referenced grant resolution, will be heard at 11 :30 a.m. this
morning.
Those are all of the changes that I have, Madam Chair.
CHAIRMAN FIALA: Okay. Thank you very much.
County Attorney?
MR. KLATZKOW: No changes this morning, ma'am.
CHAIRMAN FIALA: Very good. And with that, I will start
with Commissioner Taylor to declare her ex parte and also any
additions or corrections to the board agenda.
COMMISSIONER TAYLOR: No ex parte at all. And then I do
have one request that -- and I just had it here -- and I'm sorry I failed to
do this yesterday with our County Manager.
16A22 is a request for an award that's over a million dollars, and
I've been told by some certain staff members that generally these kind
-- this amount moves it automatically to the regular, so I just would
like to move 16A22 to the regular agenda.
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July 12, 2016
MR. OCHS: It's an award of a sand supply source, but the actual
award of the contract and the pricing will come to the Board at a
subsequent time when we have the project.
COMMISSIONER TAYLOR: Okay. So it's not all combined?
MR. OCHS: No, ma'am. No.
COMMISSIONER TAYLOR: And do you agree that over a
million needs to go on the regular; is that correct?
MR. OCHS: Yes, ma'am. That's the Board policy.
COMMISSIONER TAYLOR: Okay. That's fine. Then I'll
withdraw that.
And then on 16A14, I just would like to -- if the Board agrees,
that as part of a notice of a subdivided lot, that when it is -- when the
owner wants to subdivide their lots, that neighbors are noticed about it.
That's all. I'd like to add that to it.
And then in 16F9, are we -- and we are -- that is being pulled, so I
don't need to address that.
So the only one I have is 16A14 to see -- and that would just be
under comments. And so the idea is that when a lot is subdivided, you
know, depending on how close neighbors are -- you know, I'm not
saying it's not legal but sometimes, at least in my experience, it can be
shocking to those around. So if you just notice them, it's just a --
CHAIRMAN FIALA: Tell me what you mean by "notice them."
You mean --
COMMISSIONER TAYLOR: Send a notice --
CHAIRMAN FIALA: -- us send the neighbors a notice that
they're subdividing?
COMMISSIONER TAYLOR: Yes, yes.
MR. OCHS: Commissioners, my understanding in talking with
Commissioner Taylor is that she would like that public notice
provision vetted through the next review cycle. This is your first
hearing on the LDC. And on that particular item, that's your list of
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July 12, 2016
projects for the upcoming LDC amendment, all right. So she is just
saying, if I understand correctly, that she would like that provision
added and vetted through the LDC amendment process.
CHAIRMAN FIALA: Okay. So add it on to this new list?
MR. OCHS: The new list, yes, ma'am.
CHAIRMAN FIALA: That we have mentioned. Oh, I see.
Okay. Thank you.
COMMISSIONER TAYLOR: I'm sorry.
CHAIRMAN FIALA: Thank you for the explanation. Okay,
fine.
COMMISSIONER TAYLOR: All right. Thank you.
MR. OCHS: Do we have consensus, then, for that, Madam
Chair?
CHAIRMAN FIALA: I think that's a good idea to let the
neighbors know what's happening. It's always a good idea to keep
people informed.
Thank you.
Okay. Commissioner Nance?
COMMISSIONER HILLER: But can I ask a question about that,
if I may?
CHAIRMAN FIALA: Sure.
COMMISSIONER HILLER: The subdividing of a lot can be
done as a matter of right.
MR. CASALANGUIDA: That's right.
COMMISSIONER HILLER: So what is -- I mean, I have no
problem with, you know, disclosure, but what is the purpose of the
disclosure? To put them on notice that they're doing something that
they have a legal right to do that we can't object to in any way?
MR. CASALANGUIDA: I think as part of the vetting. You
would want to see if there's a compatibility question that would be
brought up as part of vetting. I don't think what she's asking for is --
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July 12, 2016
COMMISSIONER HILLER: But is compatibility one of the
criteria for subdividing?
MR. CASALANGUIDA: There's no criteria now. I think, in
talking to the commissioner yesterday, she said maybe there should be
some standards when subdividing and some public notice so that
people would be aware. I think in your neighborhood, Commissioner
Hiller --
COMMISSIONER HILLER: Oh, I know what's going on in my
neighborhood, and I understand the issue is subdividing, which is why
I'm asking the question. I mean, if we don't have criteria, shouldn't we
be addressing criteria and notice subsequent to the establishment of
criteria? Because at this point there are no criteria for subdividing.
MR. CASALANGUIDA: That was my understanding when me
and the County Manager spoke to the Commissioner. She wanted to
consider what type of public vetting or noting (sic) process could be
included in lot splits, and I think that's what staff would look at.
COMMISSIONER HILLER: Oh, I think this issue needs a lot
more work, not just notice.
COMMISSIONER TAYLOR: Good. I'm fine because --
COMMISSIONER HILLER: Yeah. And, now, the -- so I agree
with you, but I think it needs way more than just notice.
COMMISSIONER TAYLOR: I'll tell you, the City of Naples is
going through it, so I'm right with you on that one.
COMMISSIONER HILLER: Yeah. I think we really need to
look at this more closely.
The other question I have with respect to the Land Code
Enforcement amendments is -- you know, one of the issues that was
brought forward previously was the permitting for farmers markets.
And I know there was some discussion, and I understood there was
some debate at the Planning Commission where there was a suggestion
-- and I don't know how it finally resolved itself, and I'd like to know
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July 12, 2016
where staff stands on this about giving staff the ability to withdraw
permits without -- that had been issued but without cause, that they
could just arbitrarily say, okay, pull the permit.
MR. OCHS: Ma'am, would it be appropriate for us to address
that during the presentation of those amendments this afternoon?
COMMISSIONER HILLER: Yeah. So we are going to pull --
are we going to pull the whole item?
MR. OCHS: No, ma'am. Just to eliminate the confusion, the
current LDC amendments are on your advertised regular agenda under
advertised public hearings. They're -- under your consent agenda there
was a list of items that we would like to include in a future LDC
amendment cycle. That is the issue -- that's the agenda item that
Commissioner Taylor was addressing.
COMMISSIONER HILLER: I understand, and my question is --
MR. OCHS: Yours is going to be addressed this afternoon when
we --
COMMISSIONER HILLER: Okay. And that was the question I
asked you yesterday that I didn't get an answer back --
MR. OCHS: Yes; yes, ma'am.
COMMISSIONER HILLER: -- because I didn't know if that was
going to be addressed today or at the future prospective hearing.
MR. OCHS: It will be addressed today as part of the first hearing
of two hearings on this --
COMMISSIONER HILLER: So you're going to give me the
answer to my question for this --
MR. OCHS: Yes, ma'am.
CHAIRMAN FIALA: Commissioner Hiller, do you have any
other things, any other ex parte --
COMMISSIONER HILLER: No. No ex parte --
CHAIRMAN FIALA: -- or anything on this agenda?
COMMISSIONER HILLER: -- and no changes.
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July 12, 2016
CHAIRMAN FIALA: And no changes, no corrections?
COMMISSIONER HILLER: Yep.
CHAIRMAN FIALA: Okay. Very good.
Commissioner Henning?
COMMISSIONER HENNING: I have no ex parte
communication on today's agenda or no changes.
As far as the lot split, the public is already noticed. If a
subdivision has been platted, it has the lots on it. The subdivision
becomes because it was joined, two lots joined.
I think it's a little above board. It will -- a lot split is a
administrative process. It doesn't come to the Board. It becomes more
onerous on the landowner. Now he needs to -- what's the purpose of
noticing the neighbors? So they see if they have any objections. Who
are they going to object to? Is it going to be staff? Is it going to have
to come to the Planning Commission? The Board of County
Commissioners? So it becomes a very expensive issue for somebody
that already has a right.
But I'm not going to be here. Like I told the County Manager on
a one-on-one, I'm not going to be here for these future agenda LDC
amendments. I have no objections to any of them or what's being
suggested. I just wanted to make my comment on that.
CHAIRMAN FIALA: I thank you for that. That was a very good
comment.
And do you have anything -- any changes or additions to the
agenda items?
COMMISSIONER HENNING: No. Could I remove some
things off the agenda?
CHAIRMAN FIALA: You mean -- yeah, take it off the consent
to put it on the regular, or just get rid of them?
COMMISSIONER HENNING: Just get rid of them.
CHAIRMAN FIALA: I don't think so today, but thank you for
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July 12, 2016
offering.
COMMISSIONER TAYLOR: You need three people.
COMMISSIONER HENNING: You need to do that? Okay. I'm
okay. Thanks.
CHAIRMAN FIALA: Okay, fine. Thank you.
Commissioner Nance?
COMMISSIONER NANCE: Yes. I have no ex parte this
morning. I would like to make a couple of comments and suggestions
on some items on the consent agenda.
I would like to point out what a great good news-item 16A21 is,
which is a $900,000 expenditure for an improvement of State Road 82
at Corkscrew Road in that intersection, and that's a very seriously
needed improvement up there for safety. I know the people in
Immokalee have been interested in those improvements for a very long
time.
I would also like to offer for the approval of my fellow
commissioners two additional additions to 16A14, which is the future
LDC for the 2016 cycle. Provided to you is a couple little things for
you just to glance at, but I'll tell you what they are.
The first one is for us to have a review of the general landscaping
requirements, and the specific reason that I think that needs to be
discussed by the Board is that in that section of our LDC, which is
4.06.05 is a discussion on prohibited plant materials. And very
recently, since we were discussing our medians, it was brought to my
attention by a number of citizens that there are some plants that are
currently prohibited from being used that are in general use in the
county and have been used very successfully without problems and are
actually very valuable to our landscaping and to our median project.
So what I wanted to do was to put that item for a future LDC
discussion so we can consider these plants that are very widely used.
For example, there's many of them planted right in the government
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July 12, 2016
complex here, in our parks, in our current medians, at our Naples
airports and things, and these are plants that have somehow been
suggested that are a problem, but I will tell you that, generally, people
love these plants, and they're without problem. So I think -- I would
like to add that one, which is a review of general landscaping
requirements.
The second one is just to create a placeholder for discussion on
lighting in our community and the Dark Sky's concept. And Mr.
Casalanguida has indicated to me many times that this fall there's
going to be some discussion of lighting and Dark Sky's coming
forward, but I just thought it might be appropriate, since I think this is
really going to be well thought of when it comes forward, to have a
placeholder in our LDC discussion so that if the Board really thinks it's
worthwhile, we can go ahead and start working on those in a
constructive way. So I would ask the Board's support for those two
items.
COMMISSIONER TAYLOR: I would agree.
CHAIRMAN FIALA: Okay. And you have no changes or
corrections or ex parte?
COMMISSIONER NANCE: I have no ex parte, and I have no
other changes other than the suggestion for 16A14 that I just discussed.
CHAIRMAN FIALA: Yeah. I would love to see those plants
first. I mean, because right now the ones that we have out in front are
-- I don't know. Hopefully none of them --
COMMISSIONER NANCE: They're right outside our door here.
CHAIRMAN FIALA: Oh, boy. Well --
COMMISSIONER NANCE: So we don't want to cut them down
is what I'm saying.
CHAIRMAN FIALA: Oh, okay. Not the dead ones and all of
that stuff?
COMMISSIONER NANCE: No, no. They're some of the most
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July 12, 2016
beautiful trees in the county, ma'am --
CHAIRMAN FIALA: Oh, trees you're talking about?
COMMISSIONER NANCE: Yeah, and they're on the bad list,
and I don't know what's so bad about them. Somebody somewhere in
the state of Florida thinks they're bad, but we seem to like them, so we
need to do something.
CHAIRMAN FIALA: I didn't realize it was, trees you were
talking about.
COMMISSIONER NANCE: Yeah. Most of them are trees.
CHAIRMAN FIALA: Okay. Is that something that we're going
to be discussing then or what?
MR. OCHS: No, ma'am.
COMMISSIONER NANCE: It's the pleasure of the Board.
CHAIRMAN FIALA: Pardon me?
MR. OCHS: The suggestion was to add it to the list of future
LDC amendments.
CHAIRMAN FIALA: That's good, yeah. So that we can all get a
chance to view what they are and see how they look in other areas, and
we can maybe identify what they are so we could take a look.
Okay. That's great. Okay. Anything else, Commissioner Nance?
COMMISSIONER NANCE: No.
CHAIRMAN FIALA: Okay. And I -- as far as declarations go, I
have no changes or additions to the agenda, but I do want to ask -- and
I don't know if this would be on a future agenda or if it's going to be on
this one. I think that with Code Enforcement, I want to give them the
ability to be able to be proactive if they need to be. I mean, when
they're driving down a street, if nobody reports the fact that there's
disarray and crud all over, they really can't do anything about it, and I
want to give them the ability when they identify and see a problem,
that they can -- they can cite them or at least give them a warning or
something like that.
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July 12, 2016
Yes?
COMMISSIONER HENNING: Can we talk about that under
Commissioners' communications?
CHAIRMAN FIALA: Yes.
COMMISSIONER HENNING: I have the same concern that you
do.
CHAIRMAN FIALA: Okay. Good. Okay. Let's do that. Okay.
Thank you very much.
Okay. Other than that, on the consent agenda, with No. 16A9,
which is a Stock Development Project, I've had meetings with the
Stock Development people on that.
With 16A10, Lakoya, again, Lely Resort, I attended a ribbon
cutting over there. And I don't know that that needs to be declared or
not, but for the sake of being upfront, I'm mentioning it anyway.
And with the Summary Agenda, 17A -- and this goes way back
with the Mainsail Drive that we're now converting to move the
terminal over to a different location and making more parking and
more airplane hangars, gosh, I started discussing this way back with
Chris Curry, yet, and then I've discussed it also with Justin Lobb and
the airport staff. So just for the sake of declaration, that's my ex parte.
Okay. Any other comments?
MR. OCHS: Madam Chair?
CHAIRMAN FIALA: We do have some speakers.
MR. OCHS: One more.
CHAIRMAN FIALA: Yes, sir.
MR. OCHS: I'm sorry. I wanted to remind you -- I believe when
we spoke yesterday you also had an item you would like the Board to
consider to add to the future LDC amendments regarding --
CHAIRMAN FIALA: Thank you, Leo.
MR. OCHS: -- infill and redevelopment.
CHAIRMAN FIALA: Yes. Thank you very much.
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July 12, 2016
MR. OCHS: You're welcome.
CHAIRMAN FIALA: Yes. And so thank you for reminding me.
I do have a couple other ones that I've written down here also that I
don't have on there now, but maybe under Commissioners' comments I
can add them then, too. Thank you so much. Do you want to read that
for me, Leo, so everybody knows what I'm talking about.
MR. OCHS: I'll just summarize it real briefly for the
commissioners. There's some concern expressed by Commissioner
Fiala about certain infill redevelopment projects that she would like,
through the LDC process, to give maybe perhaps a bit more flexibility
in our review of architectural standards because of, you know, fitting
projects into existing constraint sites and use of certain materials by --
COMMISSIONER TAYLOR: We're discussing that under 9A,
architectural standards, and how it applies to infill.
CHAIRMAN FIALA: No. But what I'm talking about here is not
there. I'm extending it for, like, areas that -- areas that are right now
very old areas where we have to redevelop but the lot lines are wrong,
and the standards are difficult because they're expecting windows and
there aren't any.
COMMISSIONER TAYLOR: We're discussing that; 9A.
CHAIRMAN FIALA: I didn't see it on 9A.
MR. OCHS: No, ma'am. This -- go ahead, Nick.
CHAIRMAN FIALA: I'm sorry.
MR. CASALANGUIDA: I'm sorry. Commissioners, for
clarification, 10.02.03 is the site plan with deviations when you have a
redevelopment or infill project. It's mostly redevelopment. But if
you've got an infill parcel, it would be -- it wouldn't be just
architectural standards. It would be all site standards.
And the concept is where that goes through the Hearing
Examiner, review by staff, we structured that with the intent of
bringing it back later after review of a year or two and seeing, how
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July 12, 2016
well did it work? What can we do better?
So I think the concept now is to take 10.02.03, site plan with
deviations, vet it with the community, vet it with the people who are
using it, and the Hearing Examiner, and what can we do better. And
that's what the intent is.
CHAIRMAN FIALA: That's exactly what I --
COMMISSIONER TAYLOR: Okay.
CHAIRMAN FIALA: We had quite a conversation about that
yesterday, because that's something that we're not only dealing with
now as far as the Triangle, because the lot lines are very different --
there's 14 pieces of property, and some of them are strips and some of
them are chunks, and so it's very difficult to meet the standards. And
so we have to in some way address some of those things.
Also, in Naples Park, they're going to have that same thing
because they've got a lot of old buildings there that I remember going
to many, many years ago. But they're going to be going into the
redevelopment stages, too. And I think we need to address that now,
which is what I was talking to them about yesterday.
COMMISSIONER TAYLOR: Okay.
CHAIRMAN FIALA: Okay, fine. Thank you very much. So
with that --
COMMISSIONER HILLER: Can I make one request? And that
is that we change the order of the agenda, that we hear -- that we
present to the young constituents first because I think the natives are
getting restless.
CHAIRMAN FIALA: No. He's not restless. He's enjoying it so
much it's putting him to sleep. No, no. Leave him go. Awe.
COMMISSIONER NANCE: We need more of that, Madam
Chair.
COMMISSIONER HILLER: I just think that if we take them
first it would be a good idea.
Page 15
July 12, 2016
CHAIRMAN FIALA: Well, let us finish this, okay?
COMMISSIONER HILLER: Okay. But after that.
CHAIRMAN FIALA: So I have -- do I have a motion on the
floor to approve the agenda?
MR. MILLER: Madam Chair? Madam Chair? I have two or
three registered speakers on the Consent Agenda.
CHAIRMAN FIALA: Oh, I started that and then I'm sorry.
MR. MILLER: That's quite all right.
Your first speaker is Dr. Joseph Doyle. He wishes to speak on
Item 16F10. He will be followed by Keith Flaugh, who will also speak
on 16F10.
DR. DOYLE: Good morning, Commissioners. Dr. Joseph Doyle,
Naples.
16F10 deals with Project Nikita. As you will recall, you
approved the concept at the May 24th BCC meeting to move ahead
with the incentives. And this item says 600,000, but there was a
companion item for another 560,000 of 1.16 million in incentives from
the county, with another 4.9 million from the State.
I'm asking you to remove this item and either put it onto the -- for
further discussion onto the regular agenda or to deny it as it's written,
because this item is to give the County Manager authority to approve
all of this if the final -- if the company is disclosed and the agreement
come in while you're at recess.
And we were told in May that we would be able -- that we would
have full disclosure as the public and that we'd be able to review the
contract with the named organization, and this basically bypasses that
while you're on vacation.
And there's -- I don't see what the rush is to approve the final
contract with this company until you get back.
So for full disclosure for the public, I believe that we should not
be giving the County Manager the authority to sign while you're on
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July 12, 2016
recess.
Thank you.
MR. MILLER: Your next speaker is Keith Flaugh. He'll be
followed by Mary Ellen Cash.
MR. FLAUGH: Good morning, Board. My name is Keith
Flaugh, Marco Island, Florida, Collier County.
I also wish to address and make the similar request that you
remove this from the agenda today.
As I understand the Nikita project, it was $1.2 million in total for
the county with 4.9 from the State. To put this on the Consent Agenda
and authorize the County Manager to approve this while you're on
recess certainly doesn't acknowledge the commitment for full
disclosure of the project and the transparency that I think you all stand
for.
I urge you to remove it from the consent agenda, complete the full
disclosure of the project and the company involved, and do your --
complete your due diligence, and then do a proper notification for a
September approval.
Thank you.
MR. MILLER: Your final speaker on the consent agenda is Mary
Ellen Cash.
MS. CASH: Mary Ellen Cash from Naples, Florida, and I
represent the Multicultural Community Advisory Alliance.
And I'd just like to support Mr. Doyle and -- Dr. Doyle and Mr.
Flaugh in their statements in the interest of brevity. I just feel that full
transparency is important in this issue.
Thank you.
CHAIRMAN FIALA: Leo, would you like to -- I mean, I'm
looking at Jeff and saying Leo. Jeff, would you like to comment on
that?
MR. KLATZKOW: I'll make a brief comment, and then I'll send
Page 17
July 12, 2016
it to Leo.
It's hard to give full disclosure when the State's requiring
confidentiality. So, I mean, part of our problem is that the State
requirements sort of bind our hands.
The other problems is that this deal is going to be announced
probably in two, three weeks. That's the expectation. The Board's not
going to be here. If we wait till September, you may lose this deal, but
-- which is why we structured it this way.
So you see the essential terms of what the deal is. There may be
minor, non-substantive variations to that that you're authorizing the
County Manager to do, but I don't know how else to do this at this
point in time given the restrictions that we have by the state. But I'll
send it to Leo.
MR. OCHS: That's essentially correct. I mean, the state has
made an award. We have a requirement with a matching award, and
they need to sign contracts before the company can make the
disclosure.
So it's a little bit of a Catch-22. But you saw the business points
when we came to you last time on the regular agenda and vetted this
item. So that's where we are.
As the County Manager -- excuse me. As the County Attorney
said, there's statutory confidentiality provisions that have been
invoked, so...
CHAIRMAN FIALA: And this is the state ruling, correct?
MR. OCHS: Oh, yes.
CHAIRMAN FIALA: Okay. Okay. I have three speakers right
now. Commissioner Nance, were you the first?
COMMISSIONER NANCE: No, ma'am. It was Commissioner
Hiller, then myself.
CHAIRMAN FIALA: Okay. Commissioner Hiller.
COMMISSIONER HILLER: That was just from before. It was
Page 18
July 12, 2016
just about the order of the agenda.
CHAIRMAN FIALA: Oh, I'm sorry.
Commissioner Nance?
COMMISSIONER NANCE: Yes. Mr. Ochs, I mean, if we are
obligated to meet the requirements of the statute and of the state of
Florida program, is not the execution by the County Manager strictly
ministerial and administrative at that point to move that item forward?
Is that not the case?
MR. KLATZKOW: It was structured that way so it would be
completely ministerial.
COMMISSIONER NANCE: So all of the approvals will be
completed as of today and make, and if the applicant goes ahead and
meets the requirements as outlined by the state of Florida, then
execution is strictly ministerial?
MR. OCHS: That's correct.
COMMISSIONER NANCE: Thank you, sir.
CHAIRMAN FIALA: Okay. Commissioner Taylor?
COMMISSIONER TAYLOR: Those were my comments also.
We are not -- we are not awarding. I would think the state is the
awardee. And we have to follow the rules, and that's -- those are the
rules.
CHAIRMAN FIALA: Okay. So thank you for the comments. It
looks like we are prohibited from moving in that direction. So
confidentiality is something the state has required of us in order to
have this move forward.
Okay. Any other comments or --
COMMISSIONER HILLER: I just think it needs to be clarified
that that's the statutory requirement.
CHAIRMAN FIALA: I thought I just did, but...
MR. KLATZKOW: That's the statutory requirement.
COMMISSIONER HILLER: And that's what I want to make
Page 19
July 12, 2016
clear; that it's not the state politically requiring it --
CHAIRMAN FIALA: Oh, I see.
COMMISSIONER HILLER: -- but that it's a law. It's statutorily
required.
CHAIRMAN FIALA: Thank you. Thank you for clearing that
up.
COMMISSIONER HENNING: Move to approve the agenda as
amended.
COMMISSIONER TAYLOR: Second.
CHAIRMAN FIALA: Okay. Motion on the floor, second. All
in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: And are we going to hear from the young
people here?
Page 20
Proposed Agenda Changes
Board of County Commissioners Meeting
July 12,2016
Move Item 16F8 to Item 11F: Recommendation to accept the 2016 Contractor Feedback
Survey that was authorized by the Board of County Commissioners on February 9,2016.
(Commissioner Nance's request)
Move Item 16F9 to Item 11G: Recommendation to adopt a resolution approving the
submittal of a Rural Business Development Grant(RBDG) application to the United States
Department of Agriculture(USDA) for the Immokalee Culinary Accelerator for the
maximum amount of$200,000 and incorporating specified grant provisions.
(Commissioner Taylor's request)
Deny Item 16J3 until such time as the Clerk certifies that the payables presented in this
report have been pre-audited as previously specified by the Board: To provide to the
Board a "Payables Report" for the period ending July 6,2016 pursuant to the Board's
request. (Staff's request)
Withdraw Item 17B: This item continued from the June 28,2016 BCC Meeting.
Recommendation to consider adoption of an Ordinance establishing the "Longwater"
Community Development District(CDD) pursuant to Section 190.005(2),Florida Statutes.
(Petitioner's request)
Time Certain Items:
Item 11F to be heard at 10:00 a.m.
Item 11G to be heard at 11:30 a.m.
7/122016 ate AM
July 12, 2016
Item #2B and #2C
REGULAR BCC MEETING MINUTES FROM JUNE 14, 2016 AND
BCC BUDGET WORKSHOP MINUTES FROM JUNE 16, 2016 —
APPROVED AS PRESENTED
MR. OCHS: Yes, ma'am. You have some approval of minutes to
take care of
CHAIRMAN FIALA: Yeah, I know. I just didn't know I was --
COMMISSIONER NANCE: I move approval of the BCC
regular meeting minutes from June 14th and the BCC budget
workshop minutes from June 16th.
CHAIRMAN FIALA: Thank you. Second?
COMMISSIONER TAYLOR: Second.
CHAIRMAN FIALA: Okay. All in favor?
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Okay, very good.
Somebody asked about the children, so I was just saying, are they
going to be participating or are they just kind of listening in? Pardon
me?
MR. WILLIAMS: You've got a couple speakers, yes, ma'am.
CHAIRMAN FIALA: Oh, okay. Where are you on this agenda?
COMMISSIONER NANCE: 4C.
MR. OCHS: 4C. Would you like to take that now, Madam
Chair?
Page 21
July 12, 2016
CHAIRMAN FIALA: Yeah. Let's just do that.
MR. OCHS: Very good.
Item #4
PROCLAMATIONS — ONE MOTION TAKEN TO ADOPT ALL
PROCLAMATIONS
Item #4C
PROCLAMATION DESIGNATING JULY 2016 AS PARKS AND
RECREATION MONTH IN COLLIER COUNTY, IN
RECOGNITION OF THE MANY BENEFITS DERIVED FROM
PARKS AND RECREATION RESOURCES. ACCEPTED BY
REPRESENTATIVES OF THE COLLIER COUNTY PARKS AND
RECREATION DIVISION: BARRY WILLIAMS, JEANINE
MCPHERSON, ANNIE ALVAREZ, CARRIE DREW, OLEMA
EDWARDS, AND PARTICIPANTS FROM CAMP COLLIER —
ADOPTED
MR. OCHS: Item 4C is a proclamation designating July 2016 as
Parks and Recreation Month in Collier County in recognition of the
many benefits derived from Parks and Recreation resources. To be
accepted by representatives of the Collier County Parks and Recreation
Division: Barry Williams, Ginny McPherson, Annie Alvarez, Carrie
Drew, Olema Edwards, and participants from Camp Collier.
CHAIRMAN FIALA: Thank you very much. I was so
enthralled with the children, I completely -- thank you, Georgia.
And, Barry, who do I give this to?
MR. WILLIAMS: This gentleman right here. He's going to be
one of your speakers, so...
Page 22
July 12, 2016
CHAIRMAN FIALA: Okay, very good. Hello, everyone. We're
going to be taking your picture. And this is a proclamation to you from
the -- we are the -- do you want them to -- Barry, do you want them to
unfurl that before they take a picture? Okay.
(Applause.)
CHAIRMAN FIALA: What does it say? What does that sign
say?
COMMISSIONER TAYLOR: Parks and Recreation.
CHAIRMAN FIALA: Oh.
UNIDENTIFIED SPEAKER: It was all their themes for each
one of their weeks.
CHAIRMAN FIALA: Did you kids have coloring and drawing
in here?
(Hands raised.)
CHAIRMAN FIALA: Wow, great.
MR. WILLIAMS: Commissioner Fiala, thank you very much.
We just had a couple of speakers. And thank you for letting us use
part of your meeting today to just recognize Parks and Recreation
Month. So just let me introduce you to our first speaker, Robert.
MR. RESIGUE: Hi. Thank you.
CHAIRMAN FIALA: Robert, what is your last name?
MR. RESIGUE: Resigue (phonetic).
Firstly, I'd just like to thank Parks and Recreation for creating
amazing programs for everyone of all abilities, despite -- excuse me.
I'm sorry.
I'd like to thank Parks and Recreations for creating such amazing
programs that include everyone regardless of their abilities or
disabilities.
I, myself, first joined the sailing program as a camper almost
seven years ago, and I've grown tremendously as both a person and a
sailor ever since.
Page 23
July 12, 2016
Parks and Recreation camps opened the doors to my passions and
allowed me to pursue them while having an extraordinary time. This,
of course, was all thanks to the outstanding staff, of which I am now a
proud member.
Volunteering for such an incredible program provided me with --
provided me with fun, one-of-a-kind learning experiences that
advanced my leadership skills, responsibilities, and confidence while
giving back to the community that served me so well.
I would like to extend special thanks to Patricia Rosen for inviting
me here today and Collier County staff for creating these unparallel
camps. Thank you.
(Applause.)
MR. WILLIAMS: We have one last speaker, Commissioners.
Jenna.
UNIDENTIFIED SPEAKER: Jenna.
MR. WILLIAMS: Jenna, I'm sorry.
MS. JACKSON: Hi. My name's Jenna Jackson.
I like Camp Collier -- I mean -- yeah. I like Camp Collier
because I get to interact with my friends and play games and activities
outside. And every week we get to go on a field trip. And every year I
come here hoping to be a junior leader, and hopefully in a few years I
will get to be one.
(Applause.)
MR. WILLIAMS: Commissioners, thank you again. We're going
to go have some fun. Thank you so much.
CHAIRMAN FIALA: You mean, this isn't enough fun here?
MR. WILLIAMS: Oh, this has been great.
COMMISSIONER HILLER: Can I just say one thing?
CHAIRMAN FIALA: Yes. Commissioner Hiller.
COMMISSIONER HILLER: I have to say thank you very much
to staff and to all the volunteers that helped with the program. I can't
Page 24
July 12, 2016
begin to tell you the feedback I've gotten from the community of how
wonderful Camp Collier is.
I still remember when you took all the kids to see the Minion
release. I mean, literally hundreds of kids packing into the Mercato
theater to watch the Minions. It was like an unbelievable sight going
up and down the escalators. I mean, to this day I don't think that
Mercato has ever experienced anything like that.
So, again, you really do make summer fun for the kids in Collier
County. Thank you for all you do.
CHAIRMAN FIALA: It is. And it's kind of nice just looking --
MR. WILLIAMS: Thank you.
(In unison: "North Collier Regional is the best.)
COMMISSIONER HILLER: It is.
(Applause.)
Item #3A
SERVICE AWARDS — ADVISORY BOARD MEMBERS — 20
YEAR ATTENDEES — DALAS DISNEY — PRESENTED
CHAIRMAN FIALA: Thank you for being here.
Okay. We move on in our meeting then on Item No. 3A, which is
the 20-year attendees.
MR. OCHS: Yes, ma'am MR. OCHS: We have an Advisory
Board Member with 20 years of service that we'd like to recognize
today. If I can find him. There is he. Dalas Disney from your
Development Services Advisory Committee. Dalas, if you'd please
step forward and be recognized for 20 years of service to that
committee.
(Applause.)
MR. DISNEY: Thank you very much; twenty-two years.
Page 25
July 12, 2016
COMMISSIONER TAYLOR: Twenty-two.
MR. OCHS: Oh, I'm sorry, 22.
CHAIRMAN FIALA: We go back a long way. I'm going to tell
them about it.
While Dalas is shaking hands: I first met him back in late '90s.
We were -- East Naples Civic Association was trying to come up with
a plan for the Triangle back then, and I invited a few key people to
help on this plan. We put together a really neat project but, of course,
we never had any money to carry it forward. I still have all the plans
we have in that. Do you, too?
MR. DISNEY: It was great.
CHAIRMAN FIALA: Isn't that something? And Dalas offered
his time to help us. He was one of the key people on there.
MR. OCHS: Yes, ma'am.
COMMISSIONER HILLER: Dalas, you don't look old enough
to have been a volunteer --
CHAIRMAN FIALA: We had to get him out of kindergarten.
COMMISSIONER HILLER: -- in advising us for 22 years. I'm
just saying, for what it's worth.
MR. CASALANGUIDA: Ma'am, if I could, just to extill (sic) on
what you said.
Dalas was, you know, part of DSAC, and when we kind of
revamped everything in 2010, he was a major part of that; very critical
but yet very supportive in working with the team. And without his
pragmatism and support and putting his time and effort in, we wouldn't
have done what we've done. So kudos, Dalas.
MR. DISNEY: Thank you very much.
MR. OCHS: Congratulations.
CHAIRMAN FIALA: Thank you, again.
(Applause.)
Page 26
July 12, 2016
Item #4A
PROCLAMATION RECOGNIZING AND CELEBRATING THE
100TH ANNIVERSARY OF THE NATIONAL PARK SERVICE
AND OUR WONDERFUL NATIONAL PARKS AND
PRESERVES. ACCEPTED BY RON CLARK, CHIEF OF
RESOURCE MANAGEMENT OF THE NATIONAL PARK
SERVICE - BIG CYPRESS NATIONAL PRESERVE (MR.
CLARK IS ACCEPTING THE PROCLAMATION ON BEHALF
OF PEDRO RAMOS, SUPERINTENDENT, EVERGLADES
NATIONAL PARK; TAMARA WHITTINGTON,
SUPERINTENDENT, BIG CYPRESS NATIONAL PRESERVE;
JD LEE, DEPUTY SUPERINTENDENT, BIG CYPRESS
NATIONAL PRESERVE; JUSTIN UNGER, DEPUTY
SUPERINTENDENT, EVERGLADES NATIONAL PARK/DRY
TORTUGAS NATIONAL PARK; BOB DEGROSS, ACTING
SUPERINTENDENT, BISCAYNE NATIONAL PARK AND ON
BEHALF OF THE NATIONAL PARK SERVICE) — ADOPTED
MR. OCHS: That takes us to Item 4, proclamations.
Item 4A is a proclamation recognizing and celebrating the 100th
anniversary of the National Park Service and our wonderful national
parks and preserves.
To be accepted by Ron Clark, chief of Resource Management of
the National Park Service - Big Cypress National Preserve. Mr. Clark
will be accepting the proclamation on behalf of Pedro Ramos, the
superintendent of Everglades National Park; and also Justin Unger,
deputy superintendent, Everglades National Park and the Dry Tortugas
National Park.
If you'd please step forward and receive your proclamation.
(Applause.)
Page 27
July 12, 2016
CHAIRMAN FIALA: Commissioner Nance would like to read
this proclamation.
COMMISSIONER NANCE: Yes. This is a very -- this is very
important to me. For those of you that know me know that the national
parks throughout our country are a major part of my life and have been
ever since I've been a little boy.
And I'd like to read this proclamation because I think this is just
an absolutely extraordinary event.
Whereas, the National Park Service was created by Congress and
President Woodrow Wilson on August 25, 1916, with the
responsibility for protecting the 35 National Parks and Monuments
then managed by the department and those yet to be established which
purpose is to conserve the scenery and natural and historic objects and
the wildlife therein and to provide for the enjoyment of the same in
such manner and by such means as will leave them unimpaired for the
enjoyment of future generations; and,
Whereas, the National Park System now comprises more than 400
areas covering more than 84 million acres in 50 states, the District of
Columbia, Puerto Rico, Saipan, and the Virgin Islands and employ
more than 20,000 National Park Service employees who manage these
national parks; and,
Whereas, today the National Park Service works with
communities across the nation to help promote conservation, preserve
local history, and to create close-to-home recreational opportunities
and are economic drivers; and,
Whereas, Collier County is fortunate to be home to Big Cypress
National Preserve, Everglades National Park, and in close proximity to
Dry Tortugas National Park and Biscayne National Park; and,
Whereas, our National Park System is generally acknowledged as
one of "America's Best Ideas"; and,
Whereas, on October 25th, 2016, the National Park Service
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July 12, 2016
celebrates its 100th Anniversary, and everyone is invited to take part in
the celebration.
Now, therefore, be it proclaimed by the Board of County
Commissioners that the year following August 16th (sic) be designated
as National Park Service Centennial Year in Collier County.
(Applause.)
MR. CLARK: Madam Chair and the Board, thank you very
much. My name -- excuse me. My name is Ron Clark. I represent
Big Cypress National Preserve in the National Park Service and a few
other parks in South Florida today. I know there's a lot on the agenda,
so I'll be very brief.
I just want to make four points. One's already been made. Yes,
this year is our 100th anniversary. And I was very gratified to see so
many young people in the audience today because one of the purposes
of the National Park System was to conserve and preserve and protect
these areas for future generations.
So these parks are for them; they're for us and for them, and I was
very gratified to see so many young folks in the audience today.
Also there's a number of special events that are going to be
associated with our centennial year. I could list them all, but in
consideration of brevity, there's a website, findyourparks.com, that will
guide anyone who's interested to events that are occurring in South
Florida National Parks; things like swamp walks and canoe trips and
hiking events.
And I heard Dark Sky's mentioned earlier, and we do, indeed,
have some Dark Sky programs and some star-gazing programs that
occur in these natural areas.
Also, just a couple of words about the benefits of having national
park units in your backyard. It's a bit of a revenue driver, the national
park. I looked up some stats before coming over here today. And
according to the folks who keep these records, because of the national
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July 12, 2016
park service presence in Collier County, about $87 million was spent
on visits to these areas and the surrounding county, and that kind of
money supports about 1,200 jobs in the county, so the cumulative
effect is over $124 million of revenue and benefit to the local
economy.
Also in terms of benefit, since these are federal areas, taxes aren't
paid for these lands, but in lieu of taxes, for Big Cypress alone in June
of 2016, over $1.3 million was paid to the county. So there's a bit of a
way of us doing our part to benefit the county.
And, lastly, I just want to say something about partnerships. Big
Cypress National Preserve is partnering currently with Collier County
to do a mutually benefiting project regarding restoration of the
headwaters of the Turner River in Collier County and in Big Cypress
and also the Ochopee drainage, which is where that river originates.
And the county is participating by installing some culverts that
were purchased by the National Park Service to rehydrate some areas
that were not being subject to natural sheet flow or because of some of
the roadways that are out there.
So the benefit is we have some national restoration that occurs,
some natural sheet flow restoration. There's opportunities to rehydrate
areas of the drainage of Turner River that's used for recreation and, at
the same time, the county gets the benefit of installing infrastructure
that protects the roadways.
So I just want to say on behalf of the superintendent, Tami
Wittington, at Big Cypress National Preserve, I thank the Board for
this proclamation. I appreciate acknowledging the Natural Park
Service Centennial Year in Collier County, and we really look forward
to continued partnerships and continued mutual benefit neighbor to
neighbor, so I thank you.
CHAIRMAN FIALA: You know, I just wanted to make a quick
comment; two comments, actually. The first one is, I'm always in awe
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July 12, 2016
of how -- how forward thinking people were back 20, 30, 50 years ago
to put that land aside for national parks, even though they probably had
plenty of people to fight about it and didn't want to see that, because
now and for our future generations, we all get to enjoy the beauty of
nature. And thank heavens they're preserved so nobody can ever take
that away from us and from the future generations.
And the second thing I wanted to say was we had a commissioner
on here who has since left. Well, actually, he kind of retired in his own
way, and he and his wife bought an RV, and they have been traveling
the United States of America, and they'll do this six months a year, to
see all of the national parks and really get into them. And what a joy
they have had doing just that.
So as you were talking about people enjoying them, I want to tell
you, I know one personally.
Thank you very much for being here and for all you do for us.
MR. CLARK: Thank you as well.
CHAIRMAN FIALA: Commissioner Nance?
COMMISSIONER NANCE: Madam Chair, I'd like to make one
more comment.
A remarkable thing that we have also is, you know, the National
Park Service is celebrating its 100th year, but the biggest unit in
Collier County, which is the Big Cypress National Preserve, if you'll
look back just a couple years ago, celebrated its 40th anniversary.
And, in fact, the concept of the national preserve, which is a
partnership between the government, private landowners, and Tribes in
the United States of Native Americans was really pioneered here in
Collier County, and that was just decided here in 1974.
So for those of you that applaud the fact that 78 percent of Collier
County is in preserve and conservation, a great part of that was due to
the fact that the Big Cypress National Preserve was formed in 1974,
and it's something like 800,000 acres of land that's preserved in
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July 12, 2016
perpetuity with uses also for people to enjoy and see.
So, you know, we're right at the nexus of this. I think it's really
appropriate that we celebrate it. I think it's a great thing for our tourist
development group to work on, to invite people to come here and see
some of Florida's great wild lands and great wetlands and enjoy things
like Biscayne Park and Dry Tortugas, which is really historically
special, too.
So thanks so much, and congratulations to the parks service.
(Applause.)
Item #4B
PROCLAMATION DESIGNATING JULY 30, 2016, AS
CHRISTMAS IN JULY DAY IN COLLIER COUNTY, IN
RECOGNITION OF THE COOPERATIVE EFFORT BETWEEN
THE KIWANIS CLUB DISTRICT 22 AND THE HUNGER &
HOMELESS COALITION OF COLLIER COUNTY. ACCEPTED
BY CHRISTINE WELTON, EXECUTIVE DIRECTOR - HUNGER
& HOMELESS COALITION OF COLLIER COUNTY, AND BILL
RICIGLIANO, BOARD MEMBER - HUNGER & HOMELESS
COALITION OF COLLIER COUNTY — ADOPTED
MR. OCHS: Item 4B is a proclamation designating July 30,
2016, as Christmas in July Day in Collier County in recognition of the
cooperative effort between the Kiwanis Club District 22 and the
Hunger and Homeless Coalition of Collier County. To be accepted by
Christine Welton, executive director, Hunger and Homeless Coalition
of Collier County, and Bill Ricigliano, board member, Hunger and
Homeless Coalition of Collier County. If you'd please step forward
and receive your proclamation.
(Applause.)
Page 32
July 12, 2016
CHAIRMAN FIALA: Billy, you clean up pretty nicely.
MR. RICILIANO: Come see me on a Wednesday. Thank you,
folks.
COMMISSIONER HILLER: Would you like to say a few
words?
(Applause.)
COMMISSIONER HILLER: Would you like to say a few words
about the --
MR. RICILIANO: Yes.
COMMISSIONER HILLER: If you step to the mike.
MR. RICILIANO: Thank you for this proclamation,
Commissioners.
This year Kiwanis has partnered with the Hunger and Homeless
Coalition, and we've identified almost 600 homeless students in our
school system. What started out as a project in Broward County 15
years ago -- our Kiwanis governor this year brought this project to our
attention.
They've been doing it for 15 years, and what started out for her to
take care of a couple of homeless kids has now turned into an event
where they provide backpacks, clothing, school supplies for over 2,000
homeless kids in Broward County.
So this is our first year doing this. We anticipate a lot of help
from the community in the future years. We are helping about 100
homeless kids this year, but our goal is to make sure that every child
gets everything that they need in future years.
So thank you so much.
COMMISSIONER HILLER: The problem of homelessness
among kids in Collier County has escalated. As a result of the
foreclosure crisis and so many families losing homes, more and more
children found themselves homeless, and they're known as sofa
surfers. It's a real crisis.
Page 33
July 12, 2016
So thank you to Kiwanis for trying to help solve the problem. I
know the number has gone down, but at a point in time it was -- we
had numbers up to a thousand of these homeless children who were
literally crashing at their friends' homes for a period of time and then
moving to the next.
Kiwanis is doing absolutely incredible work. This is a major
event, and I hope the community attends. And one of the things I was
hoping maybe you could, like, let everybody know, maybe if you
would come back and, just by way of an announcement, let people
know when the event is, where the event is, how to attend the event,
because we want the community involved.
And the other thing that Kiwanis has done, which has really only
been in our history over the last couple of years and has also become
an incredibly popular event doing so much for the community is the
Bacon Fest, and we all know that bacon fat rules, right? So thank you
for all that Kiwanis is doing.
Would you like to share the information?
MR. RICILIANO: Thank you, Commissioner.
This event's going to be taking place on July 30th from one to five
at the Golden Gate Community Center. You are all invited to attend. I
ask the commissioners, if you have nothing else to do that day, please
join us.
We'll have a complete Christmas atmosphere for these kids, and
we look forward to seeing the smiles on the faces of all these children
that are in desperate need. And, once again, it's an issue that has to be
taken care of. And we're starting and we're doing our part, and
hopefully this is going to just roll on and roll on.
So once again, thank you so much.
COMMISSIONER HILLER: Thank you.
(Applause.)
CHAIRMAN FIALA: You should see his car. It's wrapped with
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July 12, 2016
Kiwanis things, and he has orange shoes, because orange is the
Kiwanis color. So when he goes to conventions, he walks around in
the orange shoes and orange jacket. I mean, he's really totally into
Kiwanis.
COMMISSIONER HILLER: That's great.
CHAIRMAN FIALA: Thank you for all you do for all of us.
COMMISSIONER HILLER: We need more people like you.
CHAIRMAN FIALA: Moving on.
MR. OCHS: Madam Chair, may I have a motion to approve
today's proclamations, please?
COMMISSIONER NANCE: So moved.
COMMISSIONER TAYLOR: Second.
CHAIRMAN FIALA: All in favor?
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Very good. Thank you so much.
Item #5A
PRESENTATION OF THE COLLIER COUNTY BUSINESS OF
THE MONTH FOR JULY 2016 TO DEANGELIS DIAMOND.
ACCEPTED BY JOHN DEANGELIS, CO-FOUNDER,
DEANGELIS DIAMOND; BJ BRUNDAGE, BUSINESS
DEVELOPMENT DIRECTOR, DEANGELIS DIAMOND; AND
KRISTI BARTLETT, VICE PRESIDENT, ECONOMIC
DEVELOPMENT, THE GREATER NAPLES CHAMBER OF
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July 12, 2016
COMMERCE - PRESENTED
MR. OCHS: Item 5A is a presentation of the Collier County
Business of the Month for July 2016 to DeAngelis Diamond. To be
accepted by John DeAngelis, cofounder; BJ Brundage, business
development director; and Kristi Bartlett, vice president for economic
development for the Greater Naples Chamber of Commerce.
Please step forward.
(Applause.)
CHAIRMAN FIALA: Say a little something if you'd like.
MR. DeANGELIS: Well, I just want to tell you how humbled
and honored we are to have been selected. And I want to thank the
commissioners for your fine work over the years to create a
community that is a wonderful place to live, work, and play, and the
Greater Naples Chamber for doing such an incredible job of promoting
business and entrepreneurial spirit.
I will just share a little bit about our company. We celebrated 20
years in June, a couple months ago, last month, and we founded our
company, just two of us, Steve Diamond and myself, and took second
mortgages out on our homes and had a big mortgage on a little house
and got six months same as cash at Office Max and really laid it all on
the line in this great community.
And God has really been faithful. And so -- and with -- just with
great humility, I share some statistics about our company, but really it's
because of God's provision and grace and some of the hardest working
people in America that live here in Collier County, we've been able to,
over the past 20 years now, grow from our corporate headquarters in
Collier County to five locations: Fort Myers; Sarasota; Birmingham,
Alabama; and Nashville.
We're licensed in 45 states and have done over $2 billion in
construction projects including some work in the Caribbean Islands,
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July 12, 2016
and in that time we've been able to create a culture that is collaborative,
inclusive, innovative, and environmentally responsible.
We're passionate about giving back to our community. We
support over 350 local charities, and we have an innovation team in
our company that does nothing but look for and receive applications
for charitable causes. And so that is one of the things that we're
excited about. We give two days off per year for our team members to
volunteer for their favorite charity that they're passionate about.
And so we just want to tell you that we're humbled by this award,
and we are excited about the future of our county and with your-all's
great work and efforts to continue to make this place a great place to
bring businesses and create a culture that is one that folks want to live
and raise families here.
And so we thank you for this -- for this award and for this honor
today. And, really, it has so little to do with me. And there's 200
people in our company that make this a great company, most of which
reside in Collier County and raise their families here.
And so we just want to thank, first, God for this great place, this
great country we get to live. I want to thank the law enforcement and
our soldiers that protect us and continue to allow us to do what we do
without fear of persecution or any harm to befall us.
And so we just want to give credit where credit's due, and it's very
little to us and mostly to everyone else that have created the
environment that we can thrive in.
So God bless you all. Thank you.
CHAIRMAN FIALA: Thank you very much.
(Applause.)
COMMISSIONER HILLER: John? John? I want to -- first of
all, I want to thank you personally. I mean, what you've done for the
community has really been beyond measure, and my thanks are very,
very deep and very sincere, in particular for all you've done for human
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July 12, 2016
trafficking, which, as you know, is a passion of mine. And you and
your partners and your company have literally been at the forefront of
the fight against human trafficking not only in Collier County but
globally. So thank you.
MR. DeANGELIS: Thank you. We appreciate that. God bless
you.
CHAIRMAN FIALA: And same to you.
Item #5B
RECOMMENDATION TO RECOGNIZE LISA JACOB, PROJECT
MANAGER ASSOCIATE, PELICAN BAY SERVICES, AS THE
JUNE 2016 EMPLOYEE OF THE MONTH — PRESENTED
MR. OCHS: Item 5B is a recommendation to recognize Lisa
Jacob, Project Manager Associate with Pelican Bay Services as the
Employee of the Month for June 2016.
Lisa, if you'd please step forward.
(Applause.)
CHAIRMAN FIALA: Lisa, there's a little check in here for you
as well as a plaque.
MR. OCHS: While Lisa's getting her photo taken, I'll read a little
bit about her.
She's been a project manager with Pelican Bay Services Division
and a county employee since 2006.
Lisa consistently goes above and beyond the call of duty to be a
resource at all levels of Collier County Government. One example of
this was her recent efforts to successfully mobilize the Clam Pass
dredging projects. Thanks to her coordination, Collier County realized
a cost savings of hundreds of thousands of dollars, as well as obtaining
a vital 10-year permit from the Army Corps of Engineers.
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July 12, 2016
She is our boots on the ground with all operations related to the
Pelican Bay Services Division. Her commitment to her job and the
community certainly makes her deserving of this award, and it's my
honor, Commissioners, to present Lisa Jacob, your Employee of the
Month for June 2016.
Congratulations, Lisa.
(Applause.)
CHAIRMAN FIALA: Look at this. We're just about at our 10
o'clock time-certain.
MR. OCHS: Yes, ma'am.
COMMISSIONER HILLER: I've had the pleasure of working
with Lisa over many years, and she is absolutely an outstanding
employee, and what she has done in the way of making District 2 and
the Pelican Bay Services Division really efficient and effective is
beyond words, so thank you.
I mean, you've really done an outstanding job, and I really had
fun working with you. I hope it's a big check. If it isn't, come and see
me. We'll do a budget amendment.
Item #11F
ACCEPT THE 2016 CONTRACTOR FEEDBACK SURVEY
THAT WAS AUTHORIZED BY THE BOARD OF COUNTY
COMMISSIONERS ON FEBRUARY 9, 2016 - MOTION TO
ACCEPT REPORT — APPROVED
MR. OCHS: Madam Chairman, that takes us to your 10 a.m.
time-certain hearing this morning. This is Item 16F18 that became
Item 11F on this morning's agenda.
This is a recommendation to accept the 2016 Contractor Feedback
Survey that was previously authorized and directed by the Board in
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July 12, 2016
February of this year. And Commissioner Nance moved this item
forward onto the regular agenda.
COMMISSIONER NANCE: Yes, ma'am. Madam Chair, I
pulled this item because I guess I was the one that proposed that such a
survey should be conducted to help improve our procurement process
and examine what our relationship is with our contractors and our
vendors.
So I felt compelled not to just let it slide through on the consent
agenda, and I just wanted to make a few comments on that.
Since I've been in the service of the county and throughout my
four years, which will not too far in the future come to an end, one of
the greatest concerns I had regarding the cost associated with
conducting government and providing service to the citizens was the
lack of responses and the lack of bidders on many, if not all, of our
projects that were going out for bid.
And, of course, because the government spends the public's
money, we're required to, you know, enter into contracts that have
been fairly negotiated, which we participate in. Some state contracts
and large contracts, you know, are utilized by us, and, of course, so
many things that we do are put out to bid here locally.
And, you know, we've even made it so important that we have an
element that is a local bidder preference to try to spur our local bidders
to participate.
And it was really shocking to me the number of times that we had
one bidder, you know, or one responsive bidder or perhaps two
bidders, or perhaps we had to rebid it again because we didn't get any
responses.
And I'm going to suggest to you that during my tenure here that
situation has not improved. In fact, it might have gotten -- it certainly
has gotten better, clearly, in my view, because this happens so many
times.
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July 12, 2016
And I don't think, because we have such a low participation from
vendors, that we are really able to provide services as economically as
we ought to, because we just really -- you know, we have this
competitive bid process, but we don't have any competition actually
taking place.
So I thought that this sort of a survey to examine what our
relationship is with our vendors would be important, because when I
worked in the private sector, it was very, very important for our
business to have a good relationship with our suppliers and the people
that we did business with. We're not able to offer a first-class and
premium product if the people that supply us with goods and services
are not the best available.
And I think Collier County has such a high service standard here
that we need to have very, very good suppliers if we are to, in turn,
produce the best product for our citizens with the money that we
spend.
So I thought that this might do (sic) a great tool. And I commend
staff for doing this. I think it is a very professionally conducted
survey. The gentleman that did so, Dr. Schonefeld, you know,
provided us with an analysis. He's an individual that does this sort of
thing.
And, you know, I don't think this is the end-all or where-all, but I
think what it does is it demonstrates that we do -- you know, we have
an ongoing situation that is in dire need of improvement on many
levels.
It was very interesting to examine Exhibit 3, the 2012 Survey
Report, which is the Public Procurement Benchmark in the Institute for
Public Procurement. And what they did was they went in and they had
different responders that participated with them in the satisfaction
surveys that they worked with, and what they ended up with -- and you
can note this comment on Page 25 -- of the people that conducted a
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July 12, 2016
Supplier Satisfaction Survey in this example, the average satisfaction
on a 100 percent scale was 87 percent. Now, if you will just examine
the little Exhibit No. 4 that staff put together regarding the 26
questions that were asked, our satisfaction level is clearly nowhere
near 87 percent.
Now, the Board of County Commissioners works with the County
Manager who works with his procurement staff to work on a great
portion of the relationship with our contractors. The other relationship
with our contractors is so conducted with the Clerk.
And if you'll examine these survey questions -- and staff kind of
ranked them between -- the column that I really looked at was the
favorability. And the favorability on the responses ranged from 83
percent down to some that were in -- that were close to 50 percent or in
the low 50s. And I don't think you need to be an expert to know that
when you're getting a favorability evaluation of 50 percent that things
are not happy in procurement land.
So all I'm saying is I think this is a good tool. I think everybody
needs to read it; take it for what it is. I think it's very easy for people to
minimize what it says, but if you want to be constructively critical of
your own operation -- and I think this is something that everybody
needs to do when they're conducting -- when they're operating a
business.
I think it's very clear that, you know, we need to do additional
work, and I think ifs very clear that some of the -- some of the things
that are going on are having a negative impact on our relationship with
our vendors. And if we're going to provide first-class service, we have
to have first-class vendors.
Certainly, the fighting that's gone on has created a lot of
distension. It's tarnished our county name. It's given us a -- it's given
us a black eye.
You know, the Clerk is our partner, and the Clerk's responsibility
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July 12, 2016
is to make sure that we're not being defrauded and that we're making
proper payment. I certainly respect that. But when it arises (sic) to the
level that it starts to negatively impact people wanting to participate
with the county, then it's gone beyond its usefulness. It's -- you know,
we've reached the point of diminishing returns.
And I think this survey clearly indicates that, you know, about
half the people are happy with the finance and accounts payable
section of our process.
So I don't think anybody is to receive any honors by this report. I
think it simply outlines the challenges that we have ahead of us. But
you go in there and you look at what's going on with this bid process,
and you do not need to be an expert to know that Collier County is not
a preferred customer. We are not a preferred customer.
And you have to ask yourself, why are we not a preferred
customer? Is it that we don't conduct enough business? No, we
conduct hundreds of millions of dollars every year.
Are we unstable? Are we a risk? No, we're not. We have public
money. We're certainly very, very unlikely to go bankrupt and not pay
our bills.
But what we do have is, collectively, we have an extremely
onerous procurement and payment process that is deterring people
from conducting with us. That should be clear. It's unfortunate. I
certainly will not see it resolved in my tenure, but the future board is
going to have to address this.
We must become a preferred customer if we are going to be able
to do business with the preferred vendors and that's, I think, where we
need to be.
So I don't want this to be contentious. I hope this is taken in a
constructively critical way and, you know, it seems like it's going to
continue.
So I hope everybody takes it, takes a look at it, tries to digest it,
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July 12, 2016
and sees, hey, you know, how we can go forward. There's a lot of
information here, but, you know, this gentleman's business is doing
this, and I think we need to read it and pay attention to the message
that's part of the whole prospect for us to improve our process.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: Yeah. Commissioner Nance,
the majority of the people surveyed are satisfied with the service or are
satisfied with working with the county.
In a survey like this, you're going to get more people that are
disgruntled to make comments than not, and that's proven on the
number of emails and surveys that went out in the mail are not
comparable to the return that we had.
And the people that complain are the ones that are going to
respond to this; however, the majority of the vendors are satisfied with
working with the county.
And I just want to remind everybody, we are stewards of the
taxpayers' money. We're not stewards to the people who are doing
work for the taxpayers. That is the responsibility that we have. It is
not the responsibility to pile some money in somebody's pocket but
make sure that the taxpayers are getting the best bang for their buck.
That's our responsibility.
And, again, the survey does not reflect your statements. The
majority of them are satisfied not only with the county but the payment
process, okay.
So, you know, we work for the citizens. We don't work for
somebody who is trying to make a buck on the county or the citizens.
CHAIRMAN FIALA: Commissioner Nance?
COMMISSIONER NANCE: Well, Commissioner, you know,
we're just going to disagree.
I agree with your statement the majority of the people have -- the
majority of the vendors, over 50 percent, are happy, but if you're
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July 12, 2016
running a business and you've got 50 percent happiness with your
vendors, that's an F. If I did that in my corporate work, I'd be fired
immediately if I didn't have a better relationship with vendors than we
have.
And, yes, we have a responsibility to provide services to the
people, but you don't lead with saving money. This government is a
money-spending operation. It's not a money-saving operation. There's
a difference. You can't save money at the expense of quality. And
when you don't have vendors and you don't have competition, it's very
hard to say you're getting the best price.
We do a lot of business with vendors that do institutional work.
A lot of people that provide us with things for utilities, big structural
items, mechanical things that very few people offer for sale. We are
basically at their mercy. They can charge us pretty much what they
want because they're the only vendors that do so.
But there's a lot of things where we need more competition and
we just don't have it. Now -- like I say, you can go in and you can just
cast this aside and you can minimize it, if you choose to do so, and a
lot of people going to want to do that. There's always people that want
to defend the status quo.
But I do not think our performance in this work is superior. I just
don't think so. I think it does not get a good grade. And, you know,
the part that's being supervised by the Board of County Commissioners
is responsible for a portion of it and the constitutional officer, which is
the Clerk, is responsible for another part of it.
And if we don't change the way we're doing business and
managing this process, we're never going to get any better, and we're
never going to get high marks. We're not going to get anything like 87
percent satisfaction, which is, you know, if you go into private
commerce, if you look at -- if you look at Arthrex, if only 50 percent
were satisfied with what Arthrex was doing, do you think they'd be in
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July 12, 2016
business today? Haha. Absolutely not. They're knocking on 100
percent. They're working on 100. If they've got some failures, they
want to know why.
We clearly have some things that need to be worked on, and we
clearly need to do a better job on our process and our administration,
because that's all we're being judged on here. We have to do business,
and it's all a process. So, you know, everybody can minimize it if they
want, but I can tell you, it's not a good evaluation and, you know --
that's just my opinion, so...
CHAIRMAN FIALA: Commissioner Taylor.
COMMISSIONER TAYLOR: Well, let me read the last
paragraph of the consultant's assessment before they get into the
details, and this is on Page 7 of his report.
Overall, the 2016 Contractor Feedback Survey was a thorough
process that provided an in-depth examination of all aspects of
contractors' experiences with Collier County Government. It is clear
from the findings that there are many aspects of the purchasing process
and the invoice audit and payment process that the majority of
contractors who participated in this survey are highly satisfied with.
Of course, that doesn't mean that there isn't room for further
improvement as the unfulfilled needs and interests of any percentage
of contractors who rated a survey question as "disagree" or "strongly
disagree" will be very important for future planning.
Contractors' written comments will be used to provide context
and greater specificity to aid in interpreting the survey numbers. Good
decision-making is directly related to having good information from
which to base decisions. The information provided by the contractors
through this survey process will allow for more informational --
informed decisions to continue to ensure a successful partnership
between contract providers and the Collier County.
And I read that because it's -- when you come from the business
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July 12, 2016
world, it's absolutely appalling when you see how government works
sometimes, and you're thinking, oh, my gosh, this -- we've got to run it
more like a business. But the most important thing that I've learned as
someone who's been an elected official now for 14 years is that
government is not business, and business is not government, but we
can learn and draw the strengths from both.
Government is government. It is a very different entity. It's
service. Its raison d'Etre. It's very different than a business whose
raison d'Etre is profit and loss.
And it's always a challenge to blend it. And we can learn so
much from business, but this is government.
Thank you.
CHAIRMAN FIALA: Commissioner Henning.
COMMISSIONER HENNING: Yeah. If we're going to compare
ourselves with business, first of all, you need to understand who our
customer is. Who provides us the money to provide service? It's the
taxpayers. It's not the vendors who we do business with. They don't
provide the monies to provide that service. They take the monies.
So there needs to be accountability. We are -- the bids that we're
getting, it's not a sole-source bid. There's very, very few sole-source
bids or one-person bidding on whatever item that our staff puts out
there. And the majority of sole-source bids that I see that the Board is
considering is because you have some proprietary conflicts that the
vendor has a territory, and the territory is within Collier County.
We can always make improvements; however, if we cannot
recognize who we're here for, then we will never provide customer
satisfaction the way it should be, you know. I know who the customer
is.
CHAIRMAN FIALA: So, then, I would just like to make -- to
make a comment as well. And what I found was there was something
missing in this whole thing, and what it was, was what could we do to
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July 12, 2016
do a better job than what we're doing now?
I mean, everybody's defending whatever it is, but it shouldn't be
about defending. What can we do to make this a more smoother
operation? What can we do better to get to a better final bid or to
whatever it is? What can we do to make this a better process?
And I think that we should think about that and maybe come up
with some conclusions. So that's my comment.
Commissioner Nance?
COMMISSIONER NANCE: Well, yeah. I just want to make
one final comment.
Commissioner Henning is exactly right; we're supposed to
provide services to the public, but that doesn't mean that we're at
cross-purposes with the people that are receiving that public money.
We're not a cross-purposes. And too often we treat our vendors like
they're the enemy, like the assumption is that they're constantly trying
to defraud us, they're trying to get away with something, they're trying
to not provide service, and so on and so forth. That's just ridiculous.
That's just creating an artificial crisis in the mind of the public to
present to them the thought that we're constantly on guard against
vendors that are out there that we're working with because they're
somehow taking public money, that they're evil, and of course they're
not. Those people are the same people that are supplying services in
the private sector. So we are not at cross-purposes with our vendors
and suppliers and consultants.
We depend on them. We can't supply any services to the public
without them. So having an adversarial relationship with them is just
absolutely preposterous, and casting them in a negative light is
something that I think -- you know, I've talked to many of them. They
take it very personally when it's suggested that somehow they're trying
to defraud the public or defraud the government. This is preposterous.
And it's an attitude that's become pervasive.
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July 12, 2016
It's been bandied back and forth throughout the different
disagreements that we've had with the Office of the Clerk of Courts.
It's very, very unfortunate. It's not serving our public well. And,
certainly, you know, if you look at the way the majority of counties
conduct business, they do not conduct business the way we do.
So I think there's a great deal of improvement. You know, I hope
to continue to work with the County Manager. But, you know, the
Clerk bears a lot of responsibility for stepping up and changing the
way he does business, too, because we're partners in this deal. We're
not going to succeed or fail independently on this deal. There is no
glory if we can't get better at what we do.
CHAIRMAN FIALA: Commissioner Hiller.
COMMISSIONER HILLER: Thank you. I think there's some
clarification that's needed.
The Board's fiduciary is to the taxpayer. The Clerk's
responsibility for providing administrative services is to vendors and to
staff And when you look at what all the clerks around the state view
as who they are -- or who their customers are, it's the vendors and it's
staff
The objective of the Clerk's Office is not to uncover fraud, and
that's the problem. The objective of the accounts payable function of
the Clerk's Office, as it serves the Board, is to determine the legality of
expenditures. That's not a fraud audit. Determining the legality of the
expenditures has been defined by the Supreme Court of Florida. It's
not a fraud audit.
And so there is a presumption in the Clerk's Office that every
vendor invoice presented is fraudulent, and that is the wrong
presumption, and that as a result they can bypasses the Prompt
Payment Act, and that's false. And no one in the state of Florida --
there is no Clerk in the state of Florida that operates in that fashion.
Every single clerk in the state of Florida except our clerk follows the
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Prompt Payment Act. And we, as a county, have to do the same.
And there aren't two separate processes. There isn't a process of
payment that's the Clerk's versus a process of payment that's the Board.
It is a unified system governed by law, and that is not what's
happening.
And, Commissioner Nance, you are absolutely right. If 50
percent of the vendors are dissatisfied, that is poor performance.
And while statistically it may appear okay, practically it isn't and,
financially, it definitely isn't, because you are right, we do not get
sufficient bids because vendors have expressly stated -- in fact, there
was a vendor meeting most recently where a vendor clearly stated, we
don't want to do business with you because of the way the Clerk deals.
And if you look in the comments at the back of this report, the
comments speak for themselves. Here's one. The time it takes for
reimbursements to be issued is so long that the parties we do business
with to complete contracts are unwilling to work with us. We're
unable to float the amount of money necessary to pay in advance to our
subcontractors. The possibility of not being reimbursed when we have
followed all federal regulations and being stuck with expenses could
potentially put our small non-profit out of business. This discourages
us from applying for any funding.
Now, that's an example of a nonprofit. And I failed to mention
that it's not only contractors but also the nonprofits who are not
applying for grants.
Delays in payments; denied payment; refusal of payment of valid
invoices. That's the problem.
And we have an issue coming forward today. We all got an email
yesterday where a vendor who has submitted valid invoices hasn't been
paid for months on the same contract that he's been paid on previously
without the underlying documentation that's being requested of him
now.
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The Clerk changed his manner of auditing in 2014 and started
requesting information he never requested before. Does that mean for
22 years that he was in office he was not the county's watchdog? It
would seem so. And now all of a sudden he is?
Things have changed. Auditing practices have not. How you
tick, tie, and trace underlying documentary evidence has not, but the
Clerk didn't do his job. He woke up after he saw the Okaloosa audit
and decided, oh, well, now I really should be auditing because
Okaloosa says we should. The Auditor General says we should look at
underlying evidence.
And now, because he isn't auditing properly and looking to the
wrong objective, bypassing the objective of legality, we've got these
issues. And we're going to hear about it today. It's a problem.
No, improper invoices should not be paid, but there is a process
for making that determination and coming to that conclusion. And,
yes, valid invoices should be paid in the time frame provided by state
statute, and that's not happening.
So you're right, Commissioner Nance, this is a very significant
problem, and it's a problem with the system as a whole, and the Clerk
is part of that system, not separate from that system.
CHAIRMAN FIALA: Thank you.
Any other comments?
(No response.)
CHAIRMAN FIALA: We don't have to do any -- we don't have
to vote on this. We just accept the report.
COMMISSIONER NANCE: I move to accept the report.
CHAIRMAN FIALA: Second?
(No response.)
CHAIRMAN FIALA: Second.
Okay. All in favor?
COMMISSIONER TAYLOR: Aye.
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July 12, 2016
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Okay. Very good.
Thank you. And I'm looking at our court reporter, and I'm going
to say, let's give her a little lit of break. Thirteen minutes. You get 13
minutes today.
(A brief recess was had.)
MR. OCHS: Madam Chair, you have a live mike.
CHAIRMAN FIALA: Thank you very much.
Item #10A
AN ANNUAL "AGAINST ALL ODDS" AWARD PROGRAM
RECOGNIZING AN INDIVIDUAL WHO HAS OVERCOME
GREAT CHALLENGES THAT MOST OF US HAVE NOT FACED
AND IS SOMEONE WHO, IN SPITE OF HIS OR HER
CIRCUMSTANCES, HAS EXCELLED AND GIVEN BACK TO
THE COMMUNITY, AND TO DEVELOP THE PROCEDURES
FOR IMPLEMENTING THIS PROGRAM — APPROVED
MR. OCHS: Commissioners, we're on to 10A, Board of County
Commissioners. This is a recommendation to establish an annual
"Against All Odds" awards program.
Commissioner Taylor has followed this up from Board discussion
from the last meeting and placed this on the agenda. Commissioner?
COMMISSIONER TAYLOR: Thank you very much.
And I think it's pretty self-explanatory. I think it's a worthy
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July 12, 2016
award. It is something that is not going to be every week or every
meeting. It could be an annual award; it could be biannual award. It
would be depending on the commission.
But I think it's wonderful to recognize individuals that are
exceptional in terms of where they came from and where they're going
or what they're doing.
It inspires us, it's positive, and I hope that I have your consent to
establish this award. And I certainly welcome any kind of
modifications or any ideas to even make it better.
So, you know, the City of Naples has the Sam Noe award, and it's
awarded once a year. And it's not exactly based on that, but it is a
community award, and I saw what it did for us even as a city council.
So that's pretty much all I have to say, and I welcome your
comments.
COMMISSIONER HENNING: Move to approve.
COMMISSIONER TAYLOR: Oh, thank you.
COMMISSIONER HILLER: Can I make a comment, please?
CHAIRMAN FIALA: Yes, you sure can.
COMMISSIONER HILLER: Thank you.
I think the idea has merit, but I think what we ought to do is look
at what other boards have done and, like, look at what the City Council
has done. As an example, and direct staff to put together, you know,
some options for us so that we really develop an award program that
makes sense and has, you know, been given due consideration to the
end that Commissioner Taylor is describing.
I don't think we should just sit here right now and say, yes, let's do
it. I think we should take this idea, let staff come back to us with the
proper format and then let the Board decide, you know, which of the
various ways this can be done is best for this community.
COMMISSIONER NANCE: That's the item.
COMMISSIONER HILLER: Yeah. So I'd like to make -- I'm
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July 12, 2016
sorry. There was a motion, but it wasn't seconded.
COMMISSIONER NANCE: Oh, well, I will second it and --
COMMISSIONER HILLER: Which, Commissioner Henning's
motion or the motion I'm going to make?
CHAIRMAN FIALA: Well, we already have a motion
suggestion on the floor, which is Commissioner Henning's. Did you
just second that?
COMMISSIONER NANCE: Sure.
CHAIRMAN FIALA: Okay. So I have a second.
Did you want to -- and it was pretty well straight out.
COMMISSIONER HILLER: Yeah.
CHAIRMAN FIALA: Yeah. You don't have an addition or
anything, right?
COMMISSIONER HILLER: No, but I just want to make sure
that part of the motion is to direct staff to bring back what the structure
of this award will be --
COMMISSIONER TAYLOR: Right. It is part --
COMMISSIONER HILLER: -- and give us -- but give us --
CHAIRMAN FIALA: That's what it says.
COMMISSIONER HILLER: Right. But to give us options.
COMMISSIONER TAYLOR: Well, that's what it says.
COMMISSIONER HILLER: Right.
CHAIRMAN FIALA: Yeah.
COMMISSIONER HILLER: I just want to make sure they give
us options.
CHAIRMAN FIALA: My only comment is, you know, we do
give awards regularly for many things, whether it be -- you know, most
of them are business-related.
COMMISSIONER HILLER: Yeah.
CHAIRMAN FIALA: And this is fine. And just as long as we --
as we do this, we -- other people don't feel like they're being slighted
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July 12, 2016
because just one person gets it, and then other people feel that there
should be more awards. And then all of a sudden it becomes an
awards ceremony rather than a commission meeting.
I just want to make sure that we don't get into that situation, but
we can keep guard for that for future.
So with that, no other comments from the audience or
commissioners, all in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Very good.
COMMISSIONER TAYLOR: Thank you, Commissioners.
CHAIRMAN FIALA: 5-0.
COMMISSIONER TAYLOR: Thank you very, very much.
Thank you.
Item #1 1 A
RESOLUTION 2016-158: A RESOLUTION ESTABLISHING
PROPOSED MILLAGE RATES AS THE MAXIMUM PROPERTY
TAX RATES TO BE LEVIED IN FY 2016/17 AND REAFFIRM
THE ADVERTISED PUBLIC HEARING DATES IN
SEPTEMBER, 2016 FOR THE BUDGET APPROVAL PROCESS —
ADOPTED
MR. OCHS: Item 11A is a recommendation to adopt a resolution
establishing proposed millage rates as the maximum property tax rates
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July 12, 2016
to be levied in Fiscal Year 2016/17 and to reaffirm the advertised
public hearing dates in September for the budget approval process.
And Mr. Isackson will make the presentation.
MR. ISACKSON: Good morning, Commissioners. Mark
Isackson with the Office of Management and Budget.
On June 28th our office received the electronic version of taxable
values for our various taxing districts. And, Commissioners, that's
located on Page 38 of your packet.
The resolution, which would set the maximum millage rates
leading into your September hearings, is located on Page 35 of your
packet, and that contains as exhibits the roster of maximum tax rates
that's being proposed as well as the dollars which are expected to be
raised by setting those tax rates.
Your action today will essentially set in motion the truth and
millage process and will also allow the Property Appraiser's Office to
send out the required TRIM notices on or about the 24th of August.
I'll stop and ask for any questions you might have.
COMMISSIONER TAYLOR: What if we say no? I'm kidding.
I'm kidding.
COMMISSIONER NANCE: Have a mint, ma'am.
CHAIRMAN FIALA: We have no questions up here, so may I
have a motion?
COMMISSIONER TAYLOR: And I believe this is not -- this is
not a change in the millage rate from last year?
MR. ISACKSON: This is exactly in accordance with your
budget policy and subsequent actions that you've taken since that time.
CHAIRMAN FIALA: Commissioner Nance?
MR. OCHS: It is an increase in your Fund 111 Unincorporated
Area millage rate.
COMMISSIONER TAYLOR: For the landscaping?
MR. OCHS: Yes, ma'am.
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July 12, 2016
COMMISSIONER NANCE: Thank you for your preparation,
sir, and your delivery of this budget. I know it's a tremendous work,
and I'm going to move approval and hope that the process can move
forward as described.
CHAIRMAN FIALA: Do I hear a second?
COMMISSIONER HILLER: Second.
CHAIRMAN FIALA: Okay. I hear a motion and a second. Any
further discussion?
(No response.)
CHAIRMAN FIALA: All in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: (No verbal response.)
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Thank you very much.
MR. ISACKSON: Thank you, Commissioners.
COMMISSIONER TAYLOR: And I know at the last meeting,
Commissioner Nance, when we talked about the landscaping issues --
and you were, I think, justifiably passionate about it, and I know you
had a lot of deliberations where you approved (sic) this budget.
And in this instance, I look to you, and I think you've made the
right decision, and I think that we know that we need to look at things,
but you want the landscaping?
COMMISSIONER NANCE: No. I absolutely do. I absolutely
support the landscaping. Like I say, that's my professional training.
I'm aware of its benefits. I enjoy the benefits like everybody else, but I
also want us to employ all the technology that our community deserves
so that long-term we protect this investment.
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July 12, 2016
You know, we're going to have an investment in landscaping
that's going to be hundreds of millions of dollars. It's part of our
community infrastructure, and it deserves the very, very best in care
and feeding and technology, and I think we are set upon a process by
which we can get that. So I'm fully supportive.
CHAIRMAN FIALA: And it's nice that you would like
Commissioner Nance to be in charge of all of that, but I would like
some say in it, too. You know, I have some opposing -- well, I have
some different suggestions along the way, and I don't feel that just one
person should be making all decisions.
COMMISSIONER TAYLOR: I think it's --
CHAIRMAN FIALA: No. You didn't say that at all. She said
that, so that's why.
COMMISSIONER TAYLOR: No, I didn't.
CHAIRMAN FIALA: Oh, that's what I understood.
COMMISSIONER TAYLOR: No, no.
CHAIRMAN FIALA: I just want to make sure that we all have a
say.
COMMISSIONER TAYLOR: Just because we disagree on this
doesn't mean that I'm suggesting that somehow one person is going to
make those decisions.
CHAIRMAN FIALA: Okay. That's good.
COMMISSIONER TAYLOR: It has to be a vote of three. It has
to be a majority vote.
CHAIRMAN FIALA: And I'd probably lose every time, but at
least I want to have something to say with it, so that's just the way it is.
Okay. Very good. Do we have any further comments?
(No response.)
CHAIRMAN FIALA: All in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
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July 12, 2016
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Very good. Moving on.
Item #11B
RESOLUTION 2016-159: A RESOLUTION FIXING THE DATE,
TIME AND PLACE FOR THE PUBLIC HEARING FOR
APPROVING THE SPECIAL ASSESSMENT (NON-AD
VALOREM ASSESSMENT) TO BE LEVIED AGAINST THE
PROPERTIES WITHIN THE PELICAN BAY MUNICIPAL
SERVICE TAXING AND BENEFIT UNIT FOR MAINTENANCE
OF THE WATER MANAGEMENT SYSTEM, BEAUTIFICATION
OF RECREATIONAL FACILITIES AND MEDIAN AREAS AND
MAINTENANCE OF CONSERVATION OR PRESERVE AREAS,
AND ESTABLISHMENT OF CAPITAL RESERVE FUNDS FOR
AMBIENT NOISE MANAGEMENT, MAINTENANCE OF
CONSERVATION OR PRESERVE AREAS, INCLUDING THE
RESTORATION OF THE MANGROVE FOREST, U.S. 41 BERM,
STREET SIGNAGE REPLACEMENTS WITHIN THE MEDIAN
AREAS, LANDSCAPING IMPROVEMENTS TO U.S. 41
ENTRANCES AND BEACH RENOURISHMENT, ALL WITHIN
THE PELICAN BAY MUNICIPAL SERVICE TAXING AND
BENEFIT UNIT — ADOPTED; MOTION FOR THE COUNTY
ATTORNEY TO LOOK INTO THE LEGALITY OF HAVING A
SECOND MEETING — APPROVED
MR. OCHS: Item 11B was continued from your June 28th BCC
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July 12, 2016
meeting. This is a recommendation to adopt a resolution fixing the
date, time, and place for the public hearing for approving the special
assessment, that is a non-ad valorem assessment, to be levied against
the properties within Pelican Bay Municipal Service Taxing and
Benefit Unit.
Mr. Dorrill will present.
MR. DORRILL: Good morning, Commissioners. Similar to the
item just prior to this, Florida law is unique and the Pelican Bay
Services Division is unique in the funding source as its principal
revenue.
This particular district, a dependent district established by and
responsible to the Board of County Commissioners, operates very
similarly to a Community Development District when it comes to
raising funds. In this particular case, our revenues are not ad valorem
and millage based. They are tied to a non-ad valorem special
assessment.
And within the Florida Statutes, there is a different statute that
deals specifically with this, Chapter 197, and we -- I have, for 25 years,
subscribed to what is called the uniform rate of assessment that is
established in very specific detail and, as such, we have combined our
required hearing as part of your first hearing to increase awareness and
afford the public the opportunity to come at the same time that all the
other county budgets are adopted, but it requires only one hearing.
And, again, the reason for that is Florida law as it pertains to
non-ad valorem assessments. And I presume you've had the chance to
look at the balance of the executive summary. This comes to you with
the recommendation of not only our full board but also its budget
committee and a new cost reduction committee that has recently been
chaired.
And the specific staff recommendation is for you to adopt the
resolution and authorize the Chairman to sign said same and establish
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September the 8th at 5:05 p.m. as the required and necessary hearing in
order to conduct the public hearing and to approve the budget and to
establish the assessment and the roll at that time.
CHAIRMAN FIALA: Okay. How many speakers do we have?
MR. MILLER: I have three speakers registered for this item,
ma'am.
CHAIRMAN FIALA: Okay, fine. We'll hear from our speaker
first, and then Commissioner Hiller.
COMMISSIONER HILLER: Sure.
MR. MILLER: Your first speaker is Dr. Joseph Doyle. He's
been ceded three additional minutes from Sandra Doyle, and they will
be followed by your final speaker, Keith Flaugh.
DR. DOYLE: Good morning, Commissioners, Dr. Joseph Doyle,
Naples, here on behalf of my mother, Sandra Doyle, who is the
property owner in Pelican Bay.
Once again, I'd like to thank you for continuing this item from the
June 28th meeting.
We're looking here at fairness for the taxpayer. The statute might
be different from what the TRIM allows, which is two hearings. We
feel that we should have two hearings and not just one hearing when it
comes to the budget.
Now, I would like to point out that -- we may be similar to a
CDD, but I would like to point out that this -- that the Pelican Bay
board, by the way, has not had an election since 2013. Most of the
people on that board are unelected appointees.
So they're actually developing taxation policy, okay, without
being elected. The CDDs have to go through the Supervisor of
Elections. The last time we ever had any type of election, it was
actually carried out by the Clerk of the Courts. So I'd like to make that
distinction that this board is an unelected board.
The other thing I'd like to point out is that I know one board
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member voted against this budget. But I'm not here to talk about the
budget. I'm here to talk about the process. And I feel -- and you know
I sent you-all an email yesterday with the fact that we have gone
through this for several years of only getting one hearing. One year --
you actually did, in 2014, continue it to another hearing because there
was an issue with some of the calculations in the budget, and we had to
straighten it out.
So we did need that second hearing as a stopgap to catch an error.
So, you know -- and we did agree on -- once things were explained.
So my point is, is that it is beneficial to the public to get that
second hearing. And I don't see what the big deal is, because you're
having two hearings for the TRIM people anyway.
So September 8th and then again September 22nd, two weeks
later this year. Why can't that be every year?
So we need to -- I'm asking you to insert the second hearing for
this year by resolution and also, for long-term planning, require that
this happen every year, that the residents of Pelican Bay get two bites
at the apple, so to speak. It's been used as an expression in one of the
other transcripts.
Again, this all comes down to, in a way, taxation without
representation. We need -- we have an unelected board that is
supposed to be your proxy. I feel that we also have a staff that feels
they're inconvenienced by having to come to a second hearing. Well,
too bad, you know.
And the thing is, is a lot of these taxpayers are gone in the
summer. They're not even here, as you know. There are very few of
us that actually speak up to try to at least get the issues vetted.
So, like I said, we need that second hearing. And we may not use
it, but it's nice to have it available, because in 2014 we did have to use
it.
Thank you.
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July 12, 2016
MR. MILLER: Your next speaker is Keith Flaugh. He's your
final speaker on this item.
MR. FLAUGH: Good morning. My name is Keith Flaugh;
Marco Island, Florida.
My comments are going to be very brief I want to echo support
for what Dr. Doyle just suggested to you.
And in listening to your speaker -- and, I'm sorry, I didn't catch
your name -- he said the requirement of statute. Well, you guys have a
responsibility for looking out for the fairness of all your taxpayers, and
the fact that you're going to go a little beyond the legal statute
requirement to honor what the Pelican Bay folks would like to see as a
double, or two bites at the apple, if you will, what's the downside?
Thank you.
MR. DORRILL: Again, just in brief response, I'm not
comfortable doing anything other than what is prescribed by Florida
law. I don't disagree with the suggestion here, but I think the better
approach would be to require that non-ad valorem assessments related
to districts be addressed at the legislative delegation hearing and
appropriate general law amendments be made to require two hearings.
There is not a process for non-ad valorem assessments to adopt --
given two hearings. It's a single hearing. Our hearing happens to
coincide precisely with Florida law and is done as an accommodation
and as an encouragement to the public to come and voice their
opinions at the same time that all the other budgets are heard.
CHAIRMAN FIALA: Commissioner Hiller.
COMMISSIONER HILLER: County Attorney, for the -- what
do we do with other non-ad valorem special assessment budgets? Do
we -- how many hearings do we have? How does it work, you know,
to -- as it compares to this? Like, how do we distinguish this from
them?
MR. KLATZKOW: They get two hearings.
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July 12, 2016
COMMISSIONER HILLER: They get two hearings? So I don't
understand why statutorily it's one and why we're giving two hearings
on the other.
MR. KLATZKOW: Ma'am, if you want to direct me to look into
this and come back --
COMMISSIONER HILLER: Let's do that.
MR. KLATZKOW: -- whether or not you can, by ordinance,
create two hearings, we can do that.
COMMISSIONER HILLER: Yeah. I think -- I think we have to
look at this legally because I think there are good points raised by all,
but I don't think there's clarity.
And while I have always advocated for two hearings, I am now
looking at it from the legal perspective, and I'm not sure I fully
understand what we can legally do.
MR. KLATZKOW: This is not a legal issue. You're talking
about the fairness issue.
COMMISSIONER HILLER: Well, there's a legal and a fairness
issue. There's both.
MR. KLATZKOW: We're compliant with the legal issues. If
you think that from a fairness standpoint they should have two
hearings, that's a different issue.
COMMISSIONER HILLER: Well, I need to also be sure that --
from a legal standpoint that we're not in a situation where we're
treating, you know, similarly situated taxpayers differently.
And let me just say this: Before you come to a conclusion,
County Attorney, what I would really like you to do is look at this
through your research and then come back and let us know, because I
don't believe that it is as simple as, just because it's fairness we should
do it or we shouldn't do it because it doesn't seem to be unfair not to.
So I think it warrants some careful legal analysis.
And in the context of looking at the PBSD, look at all the other
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July 12, 2016
non-ad valorem assessment units that we have and make -- well, just --
MR. KLATZKOW: That's fine. If I can get three votes, that's
fine.
COMMISSIONER HILLER: Yeah. And then just let us know,
because I think we need to --
COMMISSIONER NANCE: Is that a motion?
COMMISSIONER HILLER: Yeah. I'll make that as a motion.
COMMISSIONER NANCE: I will second it.
CHAIRMAN FIALA: Okay. Commissioner Taylor?
COMMISSIONER TAYLOR: Well -- and that's where I was
going. But right now, here and now, can we just direct them to have a
second meeting one time only so that they can have a second hearing
and satisfy --
MR. KLATZKOW: I don't know that you can. We're in
compliance with state statute right now. The question is, can you, by
ordinance, change that to include a second hearing; I'm not sure that
you can. I'm happy to look at the issue.
COMMISSIONER TAYLOR: Okay.
MR. DORRILL: I do need you, in any event, to establish the
required first hearing, and if you choose to do -- because I have some
notice requirements --
COMMISSIONER NANCE: Requirements.
MR. DORRILL: -- and a mailing that we have to send to all
7,000 properties.
COMMISSIONER HILLER: May I?
COMMISSIONER NANCE: Change your motion.
COMMISSIONER HILLER: Let me -- I'm going to leave my
first motion as-is, but we may need a second motion to supplement the
first because that's a different issue.
With respect to the issue that you just raised, Mr. Dorrill, if
something is brought forward at that first hearing that requires further
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July 12, 2016
research, how would it be handled?
MR. DORRILL: Then you would not adjourn the public hearing.
You would simply continue the hearing to a subsequent date that could
either be your second budget hearing or any other date that is within
the ability of the statute. So I would remind you of that at that time.
COMMISSIONER HILLER: Is that incorporated in the
resolution as an option if additional meetings are required?
MR. DORRILL: It's not in the resolution, but it would be at your
sole discretion if you chose not to close the public hearing with respect
to Pelican Bay at the time certain that it is held at 5:05. You would
simply continue the hearing to a future date.
COMMISSIONER HILLER: And so maybe the solution to the
issues raised by our public speakers is within this resolution, for
purposes of this year, is to amend it to state that we will continue if
there are issues raised that we cannot address at this hearing, and that
way it's not a required second notice but it's a means to address issues
if there are issues that can't be resolved.
MR. DORRILL: I understand.
COMMISSIONER HILLER: I mean, I understand that that's a
natural course of business and that's how we always handle things, but
I think to, you know, maybe just amend this resolution to allow for that
as opposed to, you know, saying two separate hearings would be a
primary solution.
MR. KLATZKOW: Ma'am, you have a statutory process that
you're complying with right now. What you're asking now is to go sort
of outside the statutory process.
COMMISSIONER HILLER: Okay.
MR. KLATZKOW: All right. I think you're potentially creating
more harm than good here.
COMMISSIONER HILLER: I defer to you. I defer to you. If
that's what you say, then I agree with that.
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July 12, 2016
MR. KLATZKOW: Let me come back in September in an
executive summary and, you know, with everybody's consideration,
whether, by ordinance, we can change that.
COMMISSIONER HILLER: And how do we handle the
resolution presented by Mr. Dorrill now?
MR. KLATZKOW: I would make a motion to approve and
second it and vote on it so we can get the notices out.
COMMISSIONER HILLER: All right. Then let's do that. I'll
make a motion to approve. So we have two motions. My first is with
respect to directing the County Attorney to go back and see what we
can legally do by way of ordinance, if we can do anything, and then
the second --
COMMISSIONER NANCE: And I seconded that.
COMMISSIONER HILLER: Thank you.
CHAIRMAN FIALA: Okay. Now stop -- stop.
COMMISSIONER HILLER: Got it. And now you're --
CHAIRMAN FIALA: Stop.
COMMISSIONER HILLER: Okay.
CHAIRMAN FIALA: All in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Next?
COMMISSIONER HENNING: You did that well,
Commissioner Fiala.
CHAIRMAN FIALA: Thank you very much. Go ahead.
Second one?
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July 12, 2016
COMMISSIONER HILLER: Why don't you state it.
CHAIRMAN FIALA: No, you do it.
COMMISSIONER HILLER: No, no. Go ahead. No, please.
CHAIRMAN FIALA: I just had to -- we had to vote on one.
COMMISSIONER HENNING: Motion to approve.
COMMISSIONER NANCE: Second.
CHAIRMAN FIALA: And what was the motion?
COMMISSIONER TAYLOR: That's a motion -- the motion --
COMMISSIONER HENNING: Motion to approve the
resolution.
COMMISSIONER TAYLOR: As written.
COMMISSIONER NANCE: And fixing the date, time, and place
for the public hearing.
COMMISSIONER HENNING: Correct.
CHAIRMAN FIALA: And that's a motion and a second. All in
favor?
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Okay.
MR. DORRILL: Thank you. Enjoy your recess.
CHAIRMAN FIALA: Neil, I just want to ask you -- I didn't get
an opportunity to do this -- have you heard a lot of other complaints
from residents in Pelican Bay about this same thing? I'm just
concerned that maybe we're not hearing, or something, from them.
MR. DORRILL: There have been none.
CHAIRMAN FIALA: Pardon me?
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July 12, 2016
MR. DORRILL: There have been none.
CHAIRMAN FIALA: Oh.
MR. DORRILL: No complaints either related to the budget -- the
motion to adopt the budget was 9-1 by your advisory board.
CHAIRMAN FIALA: Okay. Thank you very much.
MR. DORRILL: Thank you.
Item #11C
AWARD CONTRACT #16-6628, VANDERBILT DRIVE BRIDGE
REPLACEMENTS, TO THOMAS MARINE CONSTRUCTION,
INC., IN THE AMOUNT OF $5,415,914.91, PROJECT NO. 66066,
AUTHORIZE THE NECESSARY BUDGET AMENDMENTS
AND RECOGNIZE A FUTURE FUND REIMBURSEMENT —
APPROVED
MR. OCHS: Item 11C is a recommendation to award a contract
to Vanderbilt Beach Bridge -- excuse me -- for the Vanderbilt Bridge
Drive -- excuse me -- Vanderbilt Drive Bridge replacements -- that's
easy to say -- to Thomas Marine Construction in the amount of
$5,415,914.91, and authorize the necessary budget amendments.
COMMISSIONER HENNING: Move to approve.
MR. OCHS: And Mr. Ahmad will --
CHAIRMAN FIALA: Just a second. I first have to apologize to
Commissioner Hiller here. I kept saying stop, stop, and it was only
because I wanted to get the one vote out of the way before the next
one.
COMMISSIONER HILLER: I appreciate that.
CHAIRMAN FIALA: And I didn't mean to be rude. I'm so sorry.
COMMISSIONER HILLER: I appreciate that. Thank you for
your courtesy.
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July 12, 2016
CHAIRMAN FIALA: Okay. Go ahead.
COMMISSIONER HENNING: Move to approve.
COMMISSIONER TAYLOR: Second.
CHAIRMAN FIALA: Well, it was a good presentation, Jay. We
have no speakers on this.
COMMISSIONER NANCE: Can you start this afternoon?
MR. AHMAD: I'm not going to talk you out of it.
CHAIRMAN FIALA: All in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Well, that was a 5-0. You're off to the
races.
Item #11D
AWARD BID NUMBER 16-6638, "VANDERBILT DRIVE CUL-
DE-SACS PUBLIC UTILITY RENEWAL PROJECT," PROJECT
NUMBERS 60122 AND 70122 TO MITCHELL & STARK
CONSTRUCTION COMPANY, INC., IN THE AMOUNT OF
$17,300,544.02 FOR WORK ON THE INTEGRATED
WASTEWATER BASIN 101 PROGRAM; AND, AUTHORIZE
THE NECESSARY BUDGET AMENDMENTS. THIS IS A
COMPANION TO ITEM #11E — APPROVED
MR. OCHS: Item 11D is a recommendation to award a bid for
the Vanderbilt Drive Cul-de-sacs Public Utility Renewal Project to
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July 12, 2016
Mitchell & Stark Construction Company in the amount of
$17,300,544.02.
Dr. Yilmaz will make the presentation.
DR. YILMAZ: Good morning, Commissioners. For the record,
George Yilmaz.
COMMISSIONER HENNING: Move to approve.
COMMISSIONER NANCE: Second.
CHAIRMAN FIALA: I have a motion to approve and a second.
Looks like you give as good a presentation as Jay does. That's
wonderful.
Any comments, concerns?
COMMISSIONER NANCE: Dr. George, as soon as Jay gets
done with that bridge this afternoon, can you start on the cul-de-sacs
project? Because he just left to go start the bridge, right? Okay.
Sounds like a $25 million day for Vanderbilt Drive to me.
CHAIRMAN FIALA: All in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Very good, Dr. Yilmaz.
Item #1 1 E
A $1,602,777 PURCHASE ORDER TO STANTEC CONSULTING
SERVICES, INC., UNDER CONTRACT NUMBER 14-6345, FOR
CONSTRUCTION, ENGINEERING, AND INSPECTION
SERVICES FOR THE INTEGRATED WASTEWATER BASIN 101
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July 12, 2016
PROJECT COMMONLY REFERRED TO AS THE
"VANDERBILT DRIVE CUL-DE-SACS PUBLIC UTILITY
RENEWAL PROJECT". (PROJECT NUMBERS 60122 AND
70122) THIS IS A COMPANION TO ITEM #11D — APPROVED
COMMISSIONER HENNING: Move to approve the next one.
COMMISSIONER NANCE: Second.
COMMISSIONER HENNING: Which is the --
COMMISSIONER NANCE: Construction engineering and
inspection.
COMMISSIONER HENNING: Correct.
CHAIRMAN FIALA: Okay. Motion and a second. No speakers
from the floor, no speakers from the dais.
All in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
COMMISSIONER TAYLOR: You see, we approve these
because what you've given us is so well written and gives us all the
details, and we don't have any questions. So thank you very much.
DR. YILMAZ: Thank you, Commissioners. It's a great
teamwork.
CHAIRMAN FIALA: Very good. It brings us down to, what,
11G?
MR. OCHS: Well, Madam Chair, we're too efficient for our own
good this morning. That item is set for an 11 :30 time-certain hearing,
and I don't believe we should begin that item before then.
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July 12, 2016
Item #7 — Discussed and continued to later in the meeting
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
MR. OCHS: You do have, potentially, public comments on
general topics. I don't know if you want to go there, ma'am, before the
time-certain.
CHAIRMAN FIALA: We can try. Do we have anybody?
MR. MILLER: I just had some of the public commenters ask me
about whether it would before or after lunch. I told them I did not
know. We could try now to see if they're here, if you'd like.
MR. OCHS: Madam Chair, again, for full disclosure on your
agenda, that public comment is typically set for 1 o'clock unless all the
rest of the business for the day is concluded. You do have an 11 :30
time-certain.
CHAIRMAN FIALA: And I know the signs out in the hallway
say that, so I'm sure people see them when they get in and out of the
elevators, so...
Can we try?
MR. MILLER: Yeah. I can see one of-- the first person on my
list I can see is here for public comment. Rick Lussy. And he is to be
followed by -- come on up, sir. And he's to be followed by Kyle
Abraham. I don't know if Mr. Abraham's here.
COMMISSIONER TAYLOR: He's out in the hall.
COMMISSIONER HENNING: Question. This gentleman's a
candidate for office. What is the policy about public speakers and their
races?
MR. KLATZKOW: This needs to be about public business,
matters not on the agenda.
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July 12, 2016
COMMISSIONER HENNING: It has to be about the Board's
business?
MR. KLATZKOW: The Board's business, public's business. It's
not about campaigning.
COMMISSIONER HENNING: Okay.
MR. LUSSY: In brief, the issue has to do with the -- requesting a
opinion from the -- Mr. Ochs is the County Manager, as authorized by
the Commission. In summary, one sentence. I'll go on.
I'm Rick Lussy, Property Appraiser in Naples, 18 years; Florida,
28 years; 43 years since graduation from the University of Montana as
a Property Appraiser.
Honorable Commissioners, Donna Fiala, Tim Nance, Georgia
Hiller, Tom Henning, and Penny Taylor, as directing the policy, a
comment from County Manager Mr. Leo Ochs.
Please, the issue is, quickly, two questions: Are agricultural
vertical improvements exempt from building permits? Second
question, please: Are agricultural vertical improvements, a building,
two barns, exempt from property taxation retrospective to 1991?
These are 25 years.
Two opinions Mr. Skinner, political opponent, says he has no
responsibility, and that -- this comes from a letter from a lawyer,
Gaylord Wood. He says there's no obligation on the part of the
Property Appraiser's Office to answer questions, to quote from the
Attorney General's Government in Sunshine Manual, Page 141.
CHAIRMAN FIALA: Is this -- I'm sorry to --
MR. KLATZKOW: I have no idea what this is -- how this has to
do with the Board of Collier County Commissioners' --
CHAIRMAN FIALA: It sounds like a political speech --
MR. KLATZKOW: -- business.
CHAIRMAN FIALA: -- rather than anything else. And we're
talking about 1991 .
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July 12, 2016
MR. KLATZKOW: This sounds like Property Appraiser
business.
MR. LUSSY: And it has to do with the policy from the
Commission --
MR. KLATZKOW: But it's not a commission policy.
(Overlapping speakers.)
MR. LUSSY: -- from the County Manager.
MR. KLATZKOW: But this is not a County Manager issue.
This is not a Board issue.
MR. LUSSY: It's growth management. Mr. Wilkison and --
MR. KLATZKOW: No, it's not.
MR. LUSSY: -- Mr. French.
MR. KLATZKOW: This is a --
MR. LUSSY: They're denying the --
MR. KLATZKOW: This is a state taxation issue, sir. This has
nothing to do with the Board. Whether something is exempt from
taxation, it's -- because it's the Right to Farm Act or whatever, it's not
the Board.
MR. LUSSY: It's a building permit issue for agricultural vertical
MR. KLATZKOW: And whether that's exempt because of the
Right to Farm Act is still not the Board. You're running for office
here.
MR. LUSSY: Yes, sir.
MR. KLATZKOW: Okay. Well, this is not the right venue for
that, sir.
COMMISSIONER HILLER: I think he misunderstood your
question.
CHAIRMAN FIALA: Commissioner Nance?
COMMISSIONER NANCE: Yeah. The farm structures in many
occasions are regulated by the Right to Farm Act. It's not a matter for
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July 12, 2016
the Board of County Commissioners.
MR. KLATZKOW: No. It's --
COMMISSIONER NANCE: Ifs a matter of state law.
MR. KLATZKOW: It's a matter of state law.
COMMISSIONER NANCE: Yes, sir.
CHAIRMAN FIALA: Thank you anyway. I'm sorry. This is not
something we can do anything about at this time; ever, actually. Okay.
MR. MILLER: Ma'am, your next registered speaker for public
comment is Kyle Abraham.
MR. ABRAHAM: Good morning, Commissioners. My name's
Kyle Abraham. I'm with Kyle Construction, Inc. I am a local
contractor; underground contractor. I do a lot of work for Collier
County. We've been in business here for 23, 25 years; numerous,
numerous projects for Collier County.
I live here locally. I have two kids. They go to school here. I'm a
second generation in the utility business.
I'm having a problem getting paid from the Clerk of Courts.
Right now I'm owed $188,502 that is outstanding. I've had invoices
that are back from February that are being denied.
I gave a proposal for a lump sum, a work order is processed for a
lump sum, a purchase ordered is issued for a lump sum, an invoice is
sent for a lump sum, and it's denied by the Clerk's Office.
I was just awarded another $1.3 million project to do the water
main down in Naples South.
I love Collier County. I live here. I'm just trying to get paid.
You know, I've tried to meet with Mr. Brock and come to some sort of
resolution, and basically it's my fault, according to him, as why I'm not
getting paid.
Nothing's changed; we've done business forever. Ms. Hiller
spoke of it earlier and she says, he wasn't the watchdog for the past 20
years, and now all of a sudden he is? I don't understand what's
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July 12, 2016
changed. And I haven't done anything different.
I just -- I don't know where to turn or where to go, but I'm out
$188,000, and he's telling me that he's not going to pay me.
I have purchase orders, invoices, everything for a lump sum price
signed by everybody. The work's been completed, invoices submitted,
and then I don't get paid.
So I'm just coming here to -- I know this is an ongoing issue, and
I'm not the first person, but I'd just like to bring it to the attention and
see if I can get some help or assistance because I'm not getting
anywhere.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: Yeah. Sir, a member of the
county staff, Kelli Wolin, sent you an email, and I'm going to read it.
As previously requested, in order to verify the percent markup,
subcontractor and/or material per contract, additional information is
required. Until the request (sic) backup is received, this will not be
considered for -- a valid invoice and, therefore, rejected for payment.
This is not a Clerk issue. This is a county issue. That is a
member of our staff, sir.
MR. ABRAHAM: That is a member of purchasing, who's getting
it denied from the Clerk's Office, is what they're telling me.
COMMISSIONER HENNING: This is the accountant for Public
Utilities.
MR. ABRAHAM: Correct.
COMMISSIONER HENNING: Okay. So you -- and you
continually refuse to provide the backup information. In fact --
MR. ABRAHAM: There's no backup documentation to be
provided on a lump sum contract.
COMMISSIONER HENNING: No. Your contract is not lump
sum, okay. It's time and material. The county employee -- don't argue
with me. The county employee said we need more information for
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July 12, 2016
time and material in subcontractors.
Hang on. You said you met with the Clerk of Court -- I'm aware
of that -- and also within that meeting was members of the Clerk's staff
to resolve this issue, besides a judge that they use for their dispute
policy.
And in that meeting, sir, you said you determine this lump sum by
waking up in the morning and figuring out how much you need to
make that day. That isn't how we do business in Collier County, and
we cannot do that.
As requested by the county staff and the Clerk, sir, you need to
provide more information so it can be validated per the contract that
you signed. You signed that contract, all right. Provide the information
needed.
And I know that our staff wants to work with you to see you paid
once you provide that information. I know the Clerk's staff wants to
cut that check once you provide that information.
We are here as stewards of the taxpayers' money not to provide
you money based upon what you wake up in the morning and need to
make that day.
CHAIRMAN FIALA: We don't need to lecture him.
COMMISSIONER HILLER: Let him speak.
COMMISSIONER HENNING: I'm done.
CHAIRMAN FIALA: Okay. Commissioner Hiller?
COMMISSIONER HILLER: The first thing I'd like to address is
this meeting you had with the Clerk where you said a mediator was
present. And my understanding from Commissioner Henning was that
it was a judge. My understanding is that it's a retired judge.
MR. ABRAHAM: Yes, ma'am.
COMMISSIONER HILLER: My understanding is that it was
Judge Blackwell?
MR. ABRAHAM: Yes, ma'am.
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July 12, 2016
COMMISSIONER HILLER: And Mr. -- or I should say Retired
Judge Blackwell is not an impartial mediator; are you aware of that?
He's not independent of the Clerk. He was not unbiased. He's not there
to mediate in fairness to both parties to draw a resolution.
Did the Clerk represent that Retired Judge Blackwell represented
only the Clerk's Office?
MR. ABRAHAM: No. He just said that he was there just to
mediate and to --
COMMISSIONER HILLER: To mediate.
MR. ABRAHAM: -- to watch over.
COMMISSIONER HILLER: Okay. Well, if he's there to
mediate and watch over the discussion, he has to be independent. And
just for your information, Judge Blackwell is not independent in his
opinion of the Clerk. In fact, he just publicly endorsed the Clerk in his
race and is clearly a friend of and biased towards the Clerk. So as I
mediator in that hearing, you did not have a fair process.
And one of the things that we have done as the Board of County
Commissioners is we have adopted a process to address disputes like
yours to have an independent official who would properly address the
evidence presented, not bias to the county or bias to the vendor, but
fairly and impartially, and clearly what you were subjected to is not
that.
And so as a result, the process that you just experienced was
unfair and can't be relied on to draw a proper conclusion. That's the
first issue I'd like to make.
The second issue I'd like to make is -- and I did read your email --
you clearly articulated that what has happened to you is in violation of
the Prompt Payment Act, which is the Florida Statute that governs the
process for all clerks and all counties that that clerk -- that those clerks
serve with respect to how invoices shall be paid within what time
frame and, if there is a dispute, how those disputes shall be resolved
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July 12, 2016
and within a specific time frame. And as I understand from your
email, you did not receive the response within the time frames set by
statute; is that correct? I mean, you keep nodding your head. I want
you to understand --
MR. ABRAHAM: Yes. I don't want to interrupt.
COMMISSIONER HILLER: No, no. I'd like to -- when I ask a
question, do interrupt me, please. And the reason I ask for you to do
that is because we have a court reporter who is documenting this
hearing, and the problem is, is that the court reporter can't see your
head nod and will not --
MR. ABRAHAM: Yes, ma'am.
COMMISSIONER HILLER: -- write a note and say he is
nodding his head no or yes. So just, please, when I ask a question, just
so that I understand also --
MR. ABRAHAM: Yes, ma'am.
COMMISSIONER HILLER: -- and there's no ambiguity in this
discussion.
MR. ABRAHAM: Yes, ma'am.
COMMISSIONER HILLER: So going back to what I was
saying, you did not receive notice according to the timeline -- the
timelines prescribed by the Prompt Payment Act, correct?
MR. ABRAHAM: No, ma'am. The only notice that I ever was
given was what Mr. Henning spoke of, that they needed more backup
documentation, which I stated that there's no backup documentation to
give on a lump sum proposal.
COMMISSIONER HILLER: Right. And how long after
submitting your invoice did you get that information?
MR. ABRAHAM: Usually they give -- they reject it about 30
days after, is when they'll tell me, oh, we need more backup, and then I
respond, there's no more backup to give, and then it just goes into
space and --
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July 12, 2016
COMMISSIONER HILLER: Right. And as you know, the
Prompt Payment Act says that you are supposed to receive notice
within 10 days in writing and that you are supposed to be also provided
in writing at that time the specific documents that you need to provide
or the answers to the questions that they need answered in order for
them to be able to satisfy themselves.
MR. ABRAHAM: Yes, ma'am.
COMMISSIONER HILLER: And then there's supposed to be a
dispute resolution process, as we as the Board adopted by way of law,
for the period between Day 10 and Day 60.
MR. ABRAHAM: Yes, ma'am.
COMMISSIONER HILLER: And, County Manager, can you
please provide a copy of that process --
MR. OCHS: Yes, ma'am.
COMMISSIONER HILLER: -- to Kyle.
The next issue that I want to address is -- I looked at your history.
I requested staff give me a history of how you have been paid. And,
quite frankly, the evidence speaks for itself All your projects that
have been lump sum projects have been paid with -- and here's the
comment -- no backup requested by Clerk. No backup requested by
Clerk, over and over and over again, and you have been paid on these
lump sum contracts with no backup requested by Clerk over and over
again. And these are not small payments: 95,000; 73,000; 29,000;
24,900; $29,475.
CHAIRMAN FIALA: Were these all recent or in the last few
years?
COMMISSIONER HILLER: Yes. These are all -- I'm going --
I'm looking -- these are all payments that were made October 21st,
2015. Here's -- and when you did do emergency work, which was on a
time-and-materials basis and that was the nature of the contract,
backup material was requested of you, and you provided it --
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July 12, 2016
MR. ABRAHAM: Yes, ma'am.
COMMISSIONER HILLER: -- and it was paid.
So we have a clear inconsistency. We've got a time-and-materials
contract where you've done emergency work where you were
requested to provide backup, you provided it, and you were paid. And
on lump sum contracts, when you submitted those invoices and
performed the work, you were paid with no backup requested by the
Clerk, and then all of a sudden -- all of a sudden, in February of 2016
MR. ABRAHAM: Yes, ma'am.
COMMISSIONER HILLER: -- he started rejecting the --
MR. ABRAHAM: Yes, ma'am.
COMMISSIONER HILLER: -- lump sum invoices,
notwithstanding that all invoices prior, based on the same kind of
contract, were paid.
MR. ABRAHAM: Yes, ma'am.
CHAIRMAN FIALA: When -- was this contract -- I'm sorry if
I'm interrupting you.
COMMISSIONER HILLER: No. I think -- I want this
introduced in the record.
CHAIRMAN FIALA: Was this contract issued to you? And I'm
guessing it's from Public Utilities.
MR. ABRAHAM: Yes, ma'am.
CHAIRMAN FIALA: I'm not as well versed as everybody else
up here. Was that contract issued to you as a lump sum contract?
MR. ABRAHAM: The agreement that we're working under is a
big contract for utility contractors. You guys have a list of five or six
local utility contractors. We participate in a rotation for emergency
work. In this contract we gave rates for the emergency work. If the
water main were to blow up in the middle of Airport Road right now,
instead of just handing a bill in at the end of the job, we have set rates
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July 12, 2016
for every machine, every guy, everybody, to protect you guys, and
that's what this contract was for.
The jobs that I haven't been paid for were proposed as lump sum
jobs; they were accepted as lump sum jobs; they were processed as
lump sum jobs. I did the job, I sent the bill as a lump sum, and here we
are.
CHAIRMAN FIALA: I see, okay. That's what I wanted to
know. I mean, it was issued as a --
MR. ABRAHAM: Oh, yes.
CHAIRMAN FIALA: -- lump sum contract?
MR. ABRAHAM: I have purchase orders for lump sum work
orders issued, lump sum.
CHAIRMAN FIALA: Okay. Okay. I just wanted -- because I
didn't have any of the information that others have. Okay. I'm sorry,
Commissioner Hiller.
COMMISSIONER HILLER: So just to conclude, you're not
being denied payment because the Clerk has uncovered some sort of
fraud?
MR. ABRAHAM: Oh, I'm the farthest guy from fraud.
COMMISSIONER HILLER: Okay. And so you are being
denied because now the Clerk wants backup on a lump sum contract
when on all of the previous payments to the tune of hundreds of
thousands of dollars he did not require that.
MR. ABRAHAM: Correct. So that's why I said, I don't know
what's changed. We've been doing business a long time. I give a
price, it's accepted, it's processed as a lump sum, and I bill it as a lump
sum.
You know, the emergency work -- like you said, every emergency
repair is broken down in a time and material as it should be. There's
some projects that when they are bid, they are bid as a
time-and-material line item. And going into that, we know it will need
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July 12, 2016
to be broken down. But when it's bid as a lump sum, processed that
way, and then the work's performed, and then at the end, come back
and say, well, it doesn't work that way, I'm a little bit confused.
CHAIRMAN FIALA: Does George Yilmaz have anything to say
about this?
MR. OCHS: Yeah. Ma'am, we have our interim Procurement
Services director that can give you a little quick history on the contract.
I think it might be helpful for the Board to have some context of the
contract.
CHAIRMAN FIALA: Yeah. And I'm just trying to understand
what other people seem to have in front of them but I do not.
MR. OCHS: Okay. Ms. Kearns, if you could, please.
MS. KEARNS: Good afternoon -- oh, good morning, still.
Allison Kearns, interim Procurement Services director.
I've had a little bit of time to do some research on this, and I just
want to take you very quickly through the history of this contract so
we're all on the same page.
Okay. The Board originally approved this agreement, 146213,
for underground utility contractors about two years ago, back in July of
2014. Six contractors were awarded under this particular bid; one
being Kyle Construction.
Now, the original contract had language that said the owner shall
pay the contractor for the performance of the work pursuant to the
quoted price offered by the contractor in his response to a specific
request for a quotation.
Now, also within that contract it was set up specifically to have
tiers of certain dollar thresholds where more than one quote would be
required for work over $50,000.
So as you can see the procedures -- this is a little difficult to see --
for nonemergency work with a value of$50,000 or less, Project
Management staff only has to go out to one of the contractors selected
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July 12, 2016
to receive that request for quotation; over 50,000 and less than
200,000, they shall solicit quotes from all of the contractors on this bid;
and for projects with a value of over 200,000, they must be brought
before you for approval.
Now, right after this was awarded in October of 2014, a
clarification was brought to the Board. Amendment No. 1 stated the
contractor will be compensated for time-and-material work including
material and specialty equipment markup either for emergency or
nonemergency work in accordance with the rate sheet attached hereto
as Exhibit A 1 A and is hereby incorporated by reference. Markup for
subcontractors shall not exceed 10 percent.
Now, all of the -- all six of the contractors submitted rate sheets in
accordance with this amendment, and they were all a little bit different.
A few of the vendors submitted rates for both emergency and
nonemergency work, one of the vendors submitted a sheet that didn't
actually say if it was for emergency or nonemergency work, and Kyle
Construction submitted the following. This is just a little snip. There's
more rates than this. But it says, proposed Collier County emergency
rates.
Now, if we take this to -- there was one more amendment to this
contract after that in March of 2016 where you, the Board,
retroactively reaffirmed the use of lump sum, time and materials, and
unit price on several contracts; this one being included, okay. And
Kyle Construction -- I have a little bit of a payment history here so you
can see it -- has not performed any nonemergency time-and-materials
work under this bid until just recently, in April of 2016.
Previous to that, all emergency work was done time and materials
in accordance with his rate sheet, and all of the previous work orders
were issued to him via lump sum and paid via lump sum.
So he currently has five invoices that have been rejected and
requiring further backup, and the note says for the lump sum payments.
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July 12, 2016
And one of these items does have both a lump sum and
time-and-materials component, and we'll probably have to work with
Kyle Construction on making sure we do receive backup for the T&M
portion. I think county staff has made him aware of that already, so
we'll work through that.
That's pretty much the history of where we stand. He is owed
$188,000.
MR. ABRAHAM: Not to cut you off, but to speak about the one
that is the T&M, that's something that we did speak about with Mr.
Brock's office. I had one invoice. The county rented a bypass pump
from me for one of their lift stations. They have a high-level alarm
going off all the time in the rainy season; they needed an extra pump to
keep up. They rented a pump from me for six months. I charged them
$3,200 a month to rent the pump.
At this meeting we had with Mr. Brock, we kept going back and
forth and he kept asking me, well, how much does this pump cost, and
this, that, and the other, which was kind of irrelevant to the
conversation.
But per the rate sheet that is on this contract, the pump that I
provided for the county on this invoice is better than the pump that's on
this rate sheet. We told Mr. Brock this.
The pump that's on my rate sheet goes for $575 per day. So if we
took that 575 and multiplied it by 30 days, I think you guys are getting
a good deal at 3,200 instead of going at the 575 a day, you know.
And Mr. Brock said that he would be willing to pay me an extra
$80,000 if that's what it -- if that's what it equated to on the rate sheet.
And I told him, well, that was crazy because the project manager
would never approve another $80,000 out of their budget.
COMMISSIONER HILLER: That's insane.
MS. KINZEL: Commissioner Fiala, I have to clarify some of the
things.
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July 12, 2016
No. Number one, the pump that you have rented to the county
was not even included in your bid and rate schedule, and we clearly
discussed that.
MR. ABRAHAM: Correct. It's a better pump.
MS. KINZEL: We never said that we would pay 80,000. What
we articulated repeatedly was that we would pay to the elements of the
contract. You began billing -- over 84,000 of the outstanding amount
to you is for a pump that was never solicited or never included in any
of your contract amount. They were under 50,000, so county rented
these pumps. We questioned, what is the fair value?
Additionally, when we met with you and went through the dispute
resolution by a moderator, who was there to help work through some
of the items as just someone who was reviewing the documents as a
legal opinion, he helped process through this, and we told you that we
were unable to pay, but there was equitable legal remedy available to
you.
Immediately after that meeting, we met with county staff, the
County Manager, the County Attorney, and the Assistant County
Manager, and we provided them those remedies and that information.
That was on June 13th.
I additionally followed up with both the County Attorney and
County Manager's Office asking, since this was the last board meeting
available, where are the items? Because he's not the only vendor
impacted -- there were four that we referred to -- to bring forward for a
determination by this board. None of those were forthcoming.
So to continue to sit here and listen to this from this vendor -- you
know, it reminds me of-- I went through this with BQ, went through
this with PBS, had the same kind of vendor show at the board meeting,
and we resolved nothing.
We gave him an equitable way to resolve this issue and get paid.
County staff has brought forward nothing.
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So I need to put that on the record.
COMMISSIONER HENNING: I have a --
CHAIRMAN FIALA: Yes, go ahead.
Leo, did you want to say something?
MR. OCHS: Well, yes, ma'am. I don't think there's anything else
to bring forward. You have a legally valid contract, a contractor did
work under the terms and conditions of the contract as specified in the
amount that was agreed to. The staff certified the work was done and
received.
Ms. Kinzel is referring to some equitable resolution or technique.
I don't really know what that is. Maybe she could tell us.
MS. KINZEL: Well, quantum meruit and quantum valebat was
brought to you and given to you as a remedy in the meeting that we
held.
CHAIRMAN FIALA: I don't know what --
MS. KINZEL: That means that the Board can determine -- in
both services and/or goods or services performed, that the Board can
make a determination that even though it wasn't in compliance with the
contract, that the goods and the services have an equitable value to the
Board and to the taxpayers.
And if that were determined by the Board, we could then move
forward with processing for payment. But at this --
CHAIRMAN FIALA: So in other words, today, if we say those
words and vote on it, then you will pay; is that correct?
MS. KINZEL: There needs to be a little bit more in the construct
of that determination.
CHAIRMAN FIALA: What else?
MS. KINZEL: We laid that out for the County Attorney, and it
does seem very simple, Commissioner Fiala. That's why we brought it
forward to resolve the issue. And to just continue to say that the Clerk
doesn't want to pay vendors, that we presume every vendor is
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defrauding the county, you know, that's disingenuous.
CHAIRMAN FIALA: Okay. Tell us how we can solve it today.
MS. KINZEL: I don't know that you can solve it today. My
understanding was that the county staff was going to work over the
break and bring something back to you in September.
CHAIRMAN FIALA: Well, they can't wait for $200,000.
MS. KINZEL: But, Commissioner Fiala, that wasn't my
determination nor the Clerk's. That was a county staff decision to
make.
MR. OCHS: That is not true.
MS. KINZEL: And they chose not to bring it.
CHAIRMAN FIALA: Is that the truth?
MR. OCHS: No, ma'am. The invoices have been submitted.
The Board has -- or excuse me. The staff has certified the goods and
services have been received at the price agreed to. The invoice has
been sitting with the Clerk for payment for months and months.
COMMISSIONER HENNING: Leo, that isn't what you sent to
the Board yesterday. You sent to the Board a correspondence that
said, from your staff, they needed more information.
MR. OCHS: Yeah. Let's get specific about that, Ms. Kearns.
MS. KEARNS: Just to clarify, those rejection notes are requested
by the Clerk, and then the county staff forwards those rejections to the
vendors. County staff has done their goods receipt, or their acceptance
of the work on all the outstanding --
COMMISSIONER HENNING: Well, why didn't you forward to
us where staff has signed off on those?
MS. KEARNS: We do what's called a goods receipt on the
record, which then gets that record ready for the Clerk's staff to
perform their preaudit. It's their notice from us to say we've gone
through our review, and now it's ready for your preaudit, and then they
either accept or reject the record for whatever reasons stated in notes.
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And for these particular items it was stated to provide further backup
for the lump sum work orders.
COMMISSIONER HENNING: So let's get back to that. The
Board took action -- the majority of the Board took action on this lump
sum change in the contract in March. Are you saying that goods and
services received prior to the Board's action, they still can be lump
sum?
MS. KEARNS: We feel the original intent of that contract
language would allow for lump sum, and county staff has procured
those goods and services through lump sum methods.
COMMISSIONER HENNING: But even though that the --
MS. KEARNS: I can reaffirm the --
COMMISSIONER HENNING: -- contract says --
MS. KEARNS: -- use of that.
COMMISSIONER HENNING: Even though the contract says a
10 percent markup of material?
MS. KEARNS: I think that was added because there was an error
in the original contract that didn't include a provision for emergency
rates. That's --
COMMISSIONER HENNING: These don't even apply to
emergency rates.
MS. KEARNS: No, no.
COMMISSIONER HENNING: So --
MS. KEARNS: He's been paid for the emergency work he's
done.
COMMISSIONER HENNING: -- since there is a conflict
between payment between the Clerk's Office determination and the
county's determination, why wasn't there an agenda item, like there has
been in the past, to get the vendor paid? The County Attorney has also
opined on some of these that it takes a quantum meruit of the Board to
get these items paid.
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July 12, 2016
MS. KEARNS: I think that's where we're in; the disagreement
that the Clerk's Office feels that the invoices are not in conformance
with the contract but county staff feels that they are, so we're at an
impasse. We can offer up, if it does help --
COMMISSIONER HENNING: No, no, no. There, you know --
COMMISSIONER TAYLOR: We can offer up what?
COMMISSIONER HENNING: The county staff, through the
County Manager, is supposed to bring resolution, not conflict,
resolution to the Board to resolve these. I don't see where that's
happening, Leo.
CHAIRMAN FIALA: Crystal (sic) just asked the question.
COMMISSIONER HENNING: Now, that could be a court
action, that could be a quantum merum (sic) or anything, but all it is, is
bringing more unresolved issues.
MR. OCHS: Commissioner, we brought you two things. We
brought you an item to make a retroactive finding of lump sum, time
and material, and unit pricing, which you did, which your County
Attorney told you you could do legally. That's been ignored. And,
secondly, we brought you a dispute resolution process as directed by
the Board, so there is an avenue.
COMMISSIONER HENNING: And this said it had been
through that dispute process.
MR. OCHS: No. We're still in the process of negotiating the
contract with the assistance of the County Attorney for the hearing
office.
COMMISSIONER HENNING: So why wasn't an action item to
force through the courts the -- or for the Clerk of Court to pay this
gentleman? If you feel that the contract is, through its amendments
and what has been written in the contract is -- this contractor is in
compliance of it, why not have an action item to take the Clerk to the
court to force him?
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July 12, 2016
MR. OCHS: I don't sue the --
CHAIRMAN FIALA: You know, we're talking today -- let's get
it done. Instead of defending the Clerk --
COMMISSIONER HENNING: You can't --
CHAIRMAN FIALA: -- or anything, let's get this thing taken
care of.
COMMISSIONER HENNING: There's no -- there's no action
item on the agenda. You can't resolve this today, Commissioner Fiala.
CHAIRMAN FIALA: Well, then we have to wait two months.
If you were the vendor --
COMMISSIONER HENNING: No. You know what, stay in
town. Let's have a special meeting.
CHAIRMAN FIALA: Well, I'll be back into town. I don't have
to go anyplace. I'll be back in two weeks anyway.
COMMISSIONER HENNING: Okay. Well, let's do that.
CHAIRMAN FIALA: But the problem is -- and don't accuse me
of taking a vacation during my vacation.
COMMISSIONER HENNING: No, I'm not. I'm saying let's --
CHAIRMAN FIALA: That's stupid.
COMMISSIONER HENNING: Let's stay in town. I didn't say,
Commissioner Fiala, stay in town. I said let's stay in town, have a
special meeting, and get it done.
CHAIRMAN FIALA: Okay. Tell me -- now, you started to say
what you had offered, and then Crystal wanted to hear what that was,
but then the talk got carried away. So let's go back to where you were.
MS. KEARNS: Well, I don't know if it will help, but I was
communicating with Public Utilities staff earlier today, and they take
photos throughout the process of each of these particular items of
work. We can offer up some sort of photographic documentation that
the work was done. I understand that's not the crux of the issue, but if it
will help show the work was completed, you know, we can do that. I
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know that's not exactly the --
MS. KINZEL: We had already talked about those. What we're
really looking for is a validation of the pricing since it wasn't originally
included in the contract for the pump that he used on two of those
invoices, in particular, that that totals about 84,000, and then there was
some additional backup that it wasn't -- when -- and when we talk
about quoting or -- quoting a job, our expectation usually would be that
there's a basis for the quote.
And one of the other things that we asked for was if the project
managers could provide their basis for accepting or approving the
quote, because one might expect that the quote should be based on the
contract rates, that they were competitively solicited.
And when we were looking for any kind of support for that, we
were basically told no more documentation from Kyle Construction.
I think it has gotten into a -- we've offered -- we've offered, give
us any kind of backup that tells us about these pumps. As he indicated,
what is the cost of a pump so we could come up with a reasonableness
test of is that rental for six months valued similarly to a cost of a pump,
or what are we looking at.
MS. KEARNS: And would you be willing to work with the
engineers in Public Utilities on them providing you some
reasonableness of how they know they're receiving a good quote?
MS. KINZEL: And we have talked about that --
MS. KEARNS: This goes through several layers of--
MS. KINZEL: -- with the validating estimator and engineering
cost. I think we could do a lot moving forward. I think this one got
caught up in not really anything to do with the actual work.
CHAIRMAN FIALA: Gobbledygook. That's what it --
COMMISSIONER HILLER: Oh, no. It didn't get caught up in
any sort of gobbledygook.
CHAIRMAN FIALA: Okay. So --
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July 12, 2016
COMMISSIONER HILLER: May I comment?
CHAIRMAN FIALA: No. Just a minute. Dr. Yilmaz is here, and
so I would like to hear what he has to say, please. I'm trying to get to a
decision.
DR. YILMAZ: For the record, George Yilmaz, Public Utilities
department head.
Commissioners, as far as our due diligence go, it is very much
consistent with coastal internal controls, and we go through process not
only in the office and financial routing and work flow, we also go
through that process determining if the job was done first time right
using right means and methods to achieve right results. In this case we
did.
Now, you heard from the contractor saying that they give us
better pump, and he's right. We would not pay more than what
contract says for unit cost for a better pump, but he did give us a better
pump, and that's the risk contractor takes.
And given the 24/7 operations and nature of the utility business,
we have to be agile, adaptable, and flexible.
And this is one example out of$1.2 billion operations that, if he
cannot find right pump in inventory, we ask for better pump. We don't
settle for less.
So in this case the pump mentioned herein is better pump in terms
of pump curve, velocity, pressures, and VDF where we could touch.
Oh, by the way, it comes with soft start.
Now, I'm getting too technical, but the bottom line is we're in
middle of the night, we're trying to prevent sewage spill on the streets,
and we're not going to think about we have to find right pump in the
contract terms and conditions. So that's the decision we make, if it
clarifies.
COMMISSIONER HILLER: And may I ask, what are your
credentials, Dr. Yilmaz?
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July 12, 2016
DR. YILMAZ: I'm a licensed professional in seven states in
United States, Chartered Engineer in Europe. I'm a Naval Architect,
Ocean Engineer, and Water Resources Manager. As well as Water
Resource Managers, I have two Masters, Doctorate, among others.
COMMISSIONER HILLER: Your masters in what and
Doctorate Ph.D. in what?
DR. YILMAZ: My Masters in Ocean Engineering and Civil
Engineering, and my Bachelor is Construction and Engineering
Management.
CHAIRMAN FIALA: Okay.
COMMISSIONER HILLER: And how long have you -- I just
want to know, how long have you been in this position?
DR. YILMAZ: I've been as administrator in this position going
into five.
COMMISSIONER HILLER: And how many years have you
done this type of business?
DR. YILMAZ: Ma'am, I manage $1.6 billion international and
domestic business.
COMMISSIONER HILLER: So my -- the reason I'm asking
these questions is that in your opinion -- based on the quote that Kyle
Construction gave and based on the product they provided you based
on your need, in your opinion the price was fair for the product you
got; is that what you're telling me based on your experience and your
education and your understanding of what the market offers by way of
that kind of product?
DR. YILMAZ: Given the internal controls, we have and the
information I got through that, the answer is yes. And if I might, this
contractor here stated, and he's right, in Public Utilities and in our
County Manager's agency, we will not pay anything less than what is
in the contract identified for unit cost, but we'll take something better
as long as contractor accepts the unit costs agreed upon.
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July 12, 2016
So that's the --
COMMISSIONER HILLER: And, in fact --
CHAIRMAN FIALA: Now, let's --
COMMISSIONER HILLER: -- you got a price that was less than
was in the contract because it would have been $525 a day for a lesser
product.
DR. YILMAZ: We would not pay that, and contractor knows
that.
COMMISSIONER HILLER: Again --
MR. ABRAHAM: Correct.
COMMISSIONER HILLER: -- it was 525 days (sic) in the
contract for a lesser pump, and he gave you a better pump at a lower
price?
DR. YILMAZ: At the unit cost agreed upon and approve by the
Board.
COMMISSIONER HILLER: Or at the unit cost agreed upon by
the Board, okay.
DR. YILMAZ: Yes, ma'am.
COMMISSIONER HILLER: I just want to clarify that.
CHAIRMAN FIALA: So then -- that is what -- that's the
question you had, Crystal. And now, does he need to sign something
so that that proves that we can pay this man?
MS. KINZEL: Well, Commissioner Fiala, let me just put
something on the board record, because a lot of statements have been
made, a lot of inferences have been made. One of the concerns that we
had is that in the Kyle Construction proposal -- and we went over this
with Kyle, the contract -- the contractor provided a list of his available
equipment as part of his proposal to the county.
If you see, he provided a 4-inch pump, a 6-inch pump with
bypassing -- bypass pumping, a 6-inch vacuum pump, and a hydraulic
pump. Now, when the rates were scheduled, all of the rates were
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provided as part of his submission except for the bypass pump. There
were no rates provided.
We -- you know, we asked about that; why was that pump
particularly excluded? And then it appears that that's the pump that's
being used the majority of time for a total of 84-, 85,000, out of this --
the payments that have not yet been made.
And we received the information from Kyle Construction that, oh,
it's a better pump. So we asked us (sic), can you give us
documentation that shows what this pump does and what that pump
does. He said he's not providing any more documentation to our office.
That's why we moved forward, met with the County Attorney, and met
with the county management.
We're willing to work this through. We have been for months.
We brought this forward. We performed our dispute resolution trying
to resolve this issue. We thought we provided a viable solution to
county management, and that's where we're at.
So I did want to bring this up because it isn't as though all of a
sudden in an emergency they did a better pump. This pump was
included on their schedule of equipment, but no rates or values were
provided for in their contract, and all the other pumps were priced.
So we went over that in great detail during the dispute resolution,
and I wanted to put that on the record because we are trying to
reconcile what's in your contract.
CHAIRMAN FIALA: I know. But do you realize how difficult
it is for people to deal with county government? Two years of all of
this business.
MS. KINZEL: And, Commissioner Fiala, we've paid Kyle
Construction over $318,000 since January, so it is not as though he is
not receiving a payment. When we receive a proper invoice, we'll pay
a proper invoice.
In the month of June we paid $62 million on 11,000 invoices to
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2,600 vendors.
CHAIRMAN FIALA: I want to ask you a question. I don't want
to hear all the background. So did -- Dr. Yilmaz's message here, did
that verify what Kyle Construction is saying?
MS. KINZEL: I think we can get --
CHAIRMAN FIALA: And so can we get to the payment? That's
what I'm trying to get to.
MS. KINZEL: I think we can get some additional documents
from an engineer in their office, and perhaps that will help resolve the
payment schedule. But since it was not included in the original
contract as a rate price that you've approved, we've still asked that the
Board make that approval.
COMMISSIONER HILLER: Can I please talk?
CHAIRMAN FIALA: No, no.
COMMISSIONER NANCE: I've got one question.
CHAIRMAN FIALA: He's been asking to speak, and he hasn't
had a chance.
COMMISSIONER HILLER: Sure. Of course. I understand.
COMMISSIONER NANCE: Sir, can I ask you a question? Is
this a pump that's part of a permanent installation, or is this a tool you
used in the construction?
MR. ABRAHAM: This was a tool that we used in construction
to aid -- basically, they have a lift station that can't keep up with the
amount of sewage coming into it, so we had to set this pump there
temporarily and rent it to the county so that they could keep up with
the amount of sewage that was coming into this station.
COMMISSIONER NANCE: So you mean to tell me that we're
not paying this guy for work that he did because he used a different
tool than what he said he was proposing to use? Is that what
everybody's telling me?
MR. ABRAHAM: Yes.
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July 12, 2016
COMMISSIONER NANCE: So he used a red hammer instead of
a blue hammer?
MR. ABRAHAM: It's a better hammer.
COMMISSIONER NANCE: What in the hell is going on here?
This work has been accomplished. This was a tool that was used, and
we're arguing over that, paying this guy $188,000? We ought to hang
our heads in shame. Are you freakin' kidding me?
COMMISSIONER HILLER: Hang on a second. Commissioner
Nance -- let him make his point, please.
COMMISSIONER TAYLOR: I think we're getting a little
excited right now.
COMMISSIONER NANCE: Yeah. I'm really excited.
COMMISSIONER TAYLOR: And my buzzer's been on. So
what I'd like to ask our County Attorney, will you please describe the
words I cannot pronounce, that process, quantum meriot (phonetic).
MS. KINZEL: Meruit.
COMMISSIONER TAYLOR: Marrow (phonetic).
COMMISSIONER HILLER: No.
MR. KLATZKOW: Quantum meruit. And we had a meeting
with Crystal and the County Manager and Nick. Quantum meruit's
generally used when you don't have a contract to pay somebody for
work that's been performed.
Crystal raised the issue whether or not the county was going to
come forward on executive summary based on quantum meruit. I
asked Crystal, if we do that, will the Clerk pay? And Crystal said, I
don't know. So I don't -- I don't know what to tell you.
MS. KINZEL: And that's --
COMMISSIONER TAYLOR: Let me ask that question right
now on the record. And, by the way, just for the record, Judge
Blackwell was a moderator not a mediator.
CHAIRMAN FIALA: Well, let's keep on the subject, please.
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July 12, 2016
COMMISSIONER TAYLOR: So I would like to ask on the
record, if we bring this forward -- excuse me. County Attorney, would
you please ask.
MR. KLATZKOW: The question is, if we were to bring this
forward by direction of the Board as payment for quantum meruit,
would the Clerk pay?
MS. KINZEL: And I indicated to you that under the -- we
wanted to see the document that you were going to bring forward,
which was never provided nor never completed.
MR. KLATZKOW: No. What you told me is you --
MS. KINZEL: Quantum meruit's principles are that you have to
-- you asked me the question.
MR. KLATZKOW: May I? You told me that you were not
going to pay unless you saw the backup documents that he doesn't
have.
MS. KINZEL: No, it was not the backup documents. It was
validation of the principle of quantum meruit which you said you were
familiar with and that you would construct something, and we
volunteered to review it all.
MR. KLATZKOW: Crystal --
MS. KINZEL: So this entire process --
MR. KLATZKOW: Crystal --
MS. KINZEL: -- of nonpayment --
MR. KLATZKOW: -- you're being disingenuous up there --
MS. KINZEL: No.
MR. KLATZKOW: -- just as you were disingenuous in this
meeting.
MS. KINZEL: No, Jeff.
MR. KLATZKOW: May I finish? You are, okay.
What we -- you have a valid contract that you don't want to pay
on because there's a dispute. That's fine. You brought up the issue. If I
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do quantum meruit where staff comes forward with a statement that the
work was performed, it was accepted, it met all the requirements,
would you pay? You told me, I don't know. I still might want to need
(sic) backup documents.
MS. KINZEL: No. I said that you --
MR. KLATZKOW: So I'll put the question to you.
MS. KINZEL: -- needed to provide us --
MR. KLATZKOW: If-- will you pay based on quantum meruit
without him having to provide backup documents?
MS. KINZEL: We need the backup documents to -- not from
him, not the original documents we were requesting. We need to see
your presentation of the quantum meruit that the Board then approves.
And we said this in the meeting.
And talk about disingenuous. You know, I spoke to you the
Monday before the agenda was due to go to the County Manager, and I
said, Jeff, what's the status of that? And you know what you said to
me?
MR. KLATZKOW: Yes.
MS. KINZEL: I don't know. County hasn't brought anything
forward to me. I've done nothing.
MR. KLATZKOW: And that's true.
MS. KINZEL: And that's true. But then I turned to the County
Manager's Office and I said, this is the last board meeting. We need to
get the vendor paid. So who's being disingenuous about paying the
vendor and for what reason?
COMMISSIONER TAYLOR: Okay.
MS. KINZEL: I think it's obvious.
COMMISSIONER TAYLOR: This is my cue.
MS. KINZEL: It is.
COMMISSIONER TAYLOR: This is my cue. Okay. I'm going
to step in. Let's get this vendor paid. Now, what does this mean, please
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-- and everybody take a deep breath. And we can recess and come
back, but let's figure out how we can get this vendor paid.
CHAIRMAN FIALA: That's what I've been saying.
COMMISSIONER TAYLOR: Right, and you have. But let's --
that's full circle. Let's not point fingers and talk about who's --
CHAIRMAN FIALA: And that's --
MR. KLATZKOW: But, Commissioners, it's not up to us. We've
approved -- we've approved the invoices, all right? I'm willing to do
an executive summary based on quantum meruit. What I need here is
a pathway from the Clerk that will pay, and I've never been given one.
Not on this particular item.
MS. KINZEL: I gave you the pathway of quantum meruit, and
you've not provided it.
COMMISSIONER TAYLOR: Well, why don't we try again.
MR. KLATZKOW: Well, I am happy to prepare an executive
summary that the County Manager can bring forward in absentia, and
we'll see if you pay or not.
CHAIRMAN FIALA: Okay.
COMMISSIONER TAYLOR: That's good.
CHAIRMAN FIALA: Say that one more time.
MR. KLATZKOW: I am happy to put forward an executive
summary. It can go on the abstention agenda, all right, while the
Board's away, and if the Clerk pays, the Clerk's pays; if the Clerk
doesn't pay, the Clerk doesn't pay.
CHAIRMAN FIALA: So -- and we can't get him paid now for
the next two months because of this, right?
MR. KLATZKOW: You'd have to do it --
CHAIRMAN FIALA: Can we do it today if Crystal saw this
paper that she says she needs to see?
MR. KLATZKOW: You can't do it today. This is not an action
item. It would have to come forward during the break.
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July 12, 2016
COMMISSIONER TAYLOR: But we could have a special
meeting.
MR. KLATZKOW: You don't need a special meeting.
COMMISSIONER TAYLOR: Okay. Okay. We don't?
MR. KLATZKOW: You don't.
COMMISSIONER TAYLOR: Okay.
MR. KLATZKOW: The County Manager has the authority to
put things through. It would be subject to later board approval, but if
the Clerk paid --
COMMISSIONER TAYLOR: Identify it in -- yeah.
MR. KLATZKOW: But if the Clerk already paid, then --
COMMISSIONER TAYLOR: All right.
MR. KLATZKOW: -- it's ministerial.
COMMISSIONER TAYLOR: Okay. So do we have a --
COMMISSIONER HILLER: No, we don't. We have discussion.
My light has been on forever, and I'd like to comment, please.
CHAIRMAN FIALA: Go ahead.
COMMISSIONER HILLER: Thank you.
Judge Blackwell sat in that meeting as a moderator, and you said
he gave a legal opinion, and his legal opinion was the solution to this
was quantum meruit, Crystal; is that -- was that his legal opinion?
MS. KINZEL: No, Commissioner. It wasn't really a legal
opinion, and I probably did misspeak on an opinion. He offered up
possible solutions moving forward.
COMMISSIONER HILLER: So he was offering --
(Overlapping speakers.)
MS. KINZEL: -- relief.
COMMISSIONER HILLER: He was offering legal advice,
basically, in his capacity as an attorney, as a judge. He was there to
offer legal advice as to how this vendor could be paid, correct?
MS. KINZEL: He did not offer an opinion, as I said. I probably
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misspoke.
COMMISSIONER HILLER: No, he said it. I mean, he clearly
was giving --
MS. KINZEL: He offered --
COMMISSIONER HILLER: -- legal opinion.
THE COURT REPORTER: One at a time. I can't -- I can only
get one at a time.
CHAIRMAN FIALA: She cannot type --
COMMISSIONER HILLER: He was obviously -- here's the
problem. Judge Blackwell, if it's the same Judge Blackwell in -- you
know, that we're looking up in the Florida Bar records, is not
authorized to practice law in the state of Florida if it's the same
Blackwell and, you know, there's always the possibility of mistaken
identity.
But this retired judge is not authorized to give legal opinions and
give legal advice. And, clearly, if he was brought in as a retired judge
and was giving legal advice, which he clearly was when he
recommended quantum meruit was the resolution to this issue, that's a
real problem.
MS. KINZEL: Commissioner --
COMMISSIONER HILLER: Let me finish. It's not your turn,
Crystal.
So, number one, we have -- if it's the same individual -- and I
don't know if it is -- but you've got an individual who was a moderator
who was -- who has now endorsed the Clerk in the election, who
appears, if it's the same person -- and it does look like it may be, but
we don't -- we'll have that -- I'll have staff-- could you verify that and
give me that information -- is not licensed to practice in Florida. And
we'll verify that and make sure, and we'll put that on the record when
we have that accurate information.
MR. CASALANGUIDA: Yes, ma'am.
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July 12, 2016
COMMISSIONER HILLER: Secondly, your invoices have been
outstanding since February of this year?
MR. ABRAHAM: Yes, ma'am.
COMMISSIONER HILLER: So that's February -- so March,
April, May, June, July, right?
MR. ABRAHAM: Yes, ma'am.
COMMISSIONER HILLER: So five months.
And what Mrs. Kinzel said, standing there after our Utilities
Director, who clearly has, you know, very substantial experience, very
substantial credentials, and I'm sure would be an expert witness called
in any trial on any --
MR. ABRAHAM: Yes, ma'am.
COMMISSIONER HILLER: -- utilities-related issue, clearly
said that the price, based on his experience -- and he's been Director of
that Division for five years, so he clearly knows what the prices are --
based on the product that you provided for his use was reasonable.
And that question could have been asked by the Clerk's Office
back in February. This could have been readily validated back in
February by asking Mr. Yilmaz, who was in the same position he is in
now and would have attested to them exactly as he did here.
So there's absolutely no basis for the Clerk's Office to say that
they could not validate the reasonableness of the price that you
charged.
Moreover, it is also clear, based on this board's action, that you
did have a fixed-price contract, and based on that, as with all the
previous contracts that you presented that were fixed-price contracts,
no backup was requested by the Clerk, no backup was required by the
Clerk, and then all of a sudden he changed his mind in February.
And just so you know, what I'm looking at is a schedule of how
you've been paid since September of 2014, and you've been paid
$1,059,572, the majority of which -- the majority of which was lump
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sum contract; no backup required. And every time it was an
emergency contract, which does require time and materials, you
provided that information.
But I'm going to repeat, very simply, going back, the Clerk's
Office could have validated the reasonableness, while they did not
have to, and it's not up to the Clerk's Office to determine whether
something is valued properly. That's up to the Board. We're the ones
who make the decision as to value, not the Clerk's Office, which is a
discretionary decision. Notwithstanding, the evidence was readily
available, and they failed to solicit that information by calling up Dr.
Yilmaz.
No, I don't believe we need quantum meruit, County Attorney. I
think it's inappropriate to pay this gentleman under quantum meruit.
We pay him under the contract what he is owed. It's a lump sum
contract. The evidence is clearly on the record. He provided the good.
He provided it at a fair price, at the price that was accepted by the
county.
MR. KLATZKOW: I agree that this is not appropriate for
quantum meruit --
COMMISSIONER HILLER: It is not.
MR. KLATZKOW: -- because we have a valid contract.
COMMISSIONER HILLER: We absolutely do.
MR. KLATZKOW: But Commissioner Fiala would like to see
this man paid. If the only way to get this man paid --
COMMISSIONER HILLER: No.
MR. KLATZKOW: -- is quantum meruit --
COMMISSIONER HILLER: No, there is another way to get this
man paid. The way to get this man paid -- this is a valid contract. The
evidence supports everything that he has presented. It was readily
available. They have wrongly -- the Clerk's Office has wrongly denied
payment, has violated the Prompt Payment Act, has absolutely been
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July 12, 2016
unfair to this vendor.
The way to do it is with a writ of mandamus. The Clerk -- the
Clerk's Office should be compelled to perform his legal duty, which he
has failed to do. And to bring this man into what is nothing more than
a kangaroo court with a moderator who is not -- if it is the same guy --
not even licensed to practice law in Florida, if it is the same person --
CHAIRMAN FIALA: Let's --
COMMISSIONER HILLER: That's a real injustice. And that is
what all these other vendors are going through.
The same thing happened to -- what's the name Bart Zino's
company? What was the name of that gentleman?
MR. CASALANGUIDA: PBS Construction.
COMMISSIONER HILLER: PBS Construction. The same thing
happened to Surety Construction.
CHAIRMAN FIALA: Okay. Let's --
COMMISSIONER HILLER: Let me -- may I -- no, this is a very
CHAIRMAN FIALA: Yeah, but you --
COMMISSIONER HILLER: Let me -- please let me finish. I
really ask that.
CHAIRMAN FIALA: But you keep --
COMMISSIONER HILLER: The bottom line is 188,000 is a
valid -- has been presented with a valid invoice, attested to by staff as
having been performed to the terms of the agreement at a fair price,
and there is no legal justification to deny payment. We cannot go to
quantum meruit. The Clerk has a duty to perform under the Prompt
Payment Act. He must perform. If he doesn't perform, he needs to
come here and tell us why, and then we need to decide to take action.
And I think we need to file a writ of mandamus.
CHAIRMAN FIALA: Ma'am?
COMMISSIONER HILLER: And you should join us in that.
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July 12, 2016
MR. ABRAHAM: I agree. I agree. We've spoken about that
before. I think that's --
COMMISSIONER HILLER: That is where we're at. The Clerk
has --
MR. ABRAHAM: I would agree.
COMMISSIONER HILLER: -- a legal duty to follow the law
and perform. The evidence is there. The contract is valid. You
deserve to be paid. And if he refuses to pay, let's go to court --
CHAIRMAN FIALA: Do you know -- do you realize how --
COMMISSIONER HILLER: -- and have a writ of mandamus
issued.
CHAIRMAN FIALA: -- much this is costing taxpayers? Every
-- you know, Commissioner Henning was talking about taxpayers
before. The longer this is dragged out, the more we don't pay -- and, of
course, they have to pay a percentage because of the Prompt Payment
Act, that's costing the taxpayers. You get in attorneys, you get in
mediators, and all we needed to do was have Dr. Yilmaz say, yes, I
attest to that. Let him sign a paper --
COMMISSIONER HILLER: In February.
CHAIRMAN FIALA: -- and then we can just move on rather
than just -- this is all taxpayer funded, by the way, all of this fighting.
And I think that we should be able to just move on, and we should
be saying to the County Manager, if we get this stuff signed in the next
two weeks, you sign it off, and we're done. Is that what we can do?
Let me ask the County Manager.
MR. OCHS: Ma'am, we have in-absentia agendas during the
summer, but -- that's the only way to get an item on in your absence.
I'm not sure what item we would want to take, but I'll leave that to your
County Attorney.
Again, all I can say is we believe you've got a contract that's
valid, and the invoices should be paid already.
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July 12, 2016
CHAIRMAN FIALA: And we got a benefit from it using a better
pump, which has been stated on the record. Dr. Yilmaz verified that,
you know, this was a good price for a better pump. We needed to have
this thing in place, and somehow --
MR. KLATZKOW: Commissioners, you have two choices that
I've heard. One is go to court on this. I don't know the time that's
going to be -- it's going to take to get this resolved, and I don't know
how much money's going to be spent, and we're already involved in
several litigations with the Clerk now, all right. That's one approach,
okay.
The other approach -- and you know I'm not the happiest person
about this approach, but the other approach is to bring forward on an
in-absentia agenda executive summary based on quantum meruit and
see if the Clerk pays. And if the Clerk pays, we're done.
COMMISSIONER HILLER: But we have that with all the other
fixed-price contracts. We can't treat this vendor different --
MR. KLATZKOW: And we can't be in court with every single
vendor.
COMMISSIONER HILLER: No. And I don't mean for us to be
in court.
This gentleman said that he would sue, that he would file a writ of
mandamus. What I'm saying is if he's going to file a writ of
mandamus, I say that we join and defend him.
MR. KLATZKOW: Ma'am, I'm not giving you a
recommendation. I'm saying those are your two options. You can go
to court, see if you compel the Clerk to do this, or you can direct that
the County Manager put forward under the in-absentia executive
summary based on quantum meruit.
CHAIRMAN FIALA: Commissioner Nance?
COMMISSIONER NANCE: Commissioners, you see -- you see
what's really before us here? And, you know, I'm -- let me just go on
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the record and say I'm in favor of doing whatever the most expeditious
is -- thing to do to get this gentleman paid. But I want to tell you
something; this man can't work like this.
COMMISSIONER HILLER: No.
COMMISSIONER NANCE: He cannot work like this.
CHAIRMAN FIALA: Why would he ever want to work for us
again?
COMMISSIONER NANCE: He cannot go out, get the materials,
pay all his labor, put it in there, and then have some fight erupt over
the tool that he used to get the job done when it was clearly sufficient
or more than sufficient to get it done. He can't do this and then be put
through what he's been.
The damage here is to our relationship with this man. Why in the
hell he would ever want to come back and deal with this -- he's already
gone through a beating, through meetings, he's been publicly
humiliated, he's spent his time away from his business to do this, put
all this money out of pocket for months and months and months.
So, you know, everybody can walk away from this feeling really
good about themselves, can't we? We can just go out and say, you
know what? The public got their money's worth, okay. We don't have
to worry about Kyle Construction doing any business with them
anymore. We can take that threat away from Collier County because
this guy's going to go home and he's going to go, you know what? If I
ever contract with them, again, I ought to have my head examined, and
he would be right.
So I hope everybody feels real good about this. And if anybody
can explain to me what in the hell public benefit has been to any of
this, I'd like to have them tell me. Go ahead.
CHAIRMAN FIALA: Good question.
COMMISSIONER NANCE: Is there any public benefit? There's
none. We're fighting over a tool that this guy used to do the work.
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July 12, 2016
The work's been done. Everybody said it was done; it's good.
Everybody certified it. It's great. But we can't figure out a way to pay
him? We are completely dysfunctional.
MR. KLATZKOW: You know, it's like going to a car rental
place and reserving a subcompact, and they say, you know, we don't
have any subcompacts, but we do have this, you know, nice-sized car
for you.
COMMISSIONER NANCE: Yeah. And when the bill comes,
you go, hey, I've got to pay that.
MR. KLATZKOW: And then they say, okay, we'll charge you
for the subcompact, all right. So you take the nice car, but now we're
not going to pay for it because it wasn't on the original order.
COMMISSIONER NANCE: That's right.
MR. KLATZKOW: That's what this is about.
COMMISSIONER NANCE: That's what we're talking about.
CHAIRMAN FIALA: Just like when they measured the dirt.
Remember that?
COMMISSIONER NANCE: You explain this to me. I don't
know what to tell you.
CHAIRMAN FIALA: So how do we -- where are we now?
COMMISSIONER NANCE: It's a friggin' spectacle.
COMMISSIONER TAYLOR: I'm up; I'm up.
CHAIRMAN FIALA: Well, Penny, you're just going to repeat.
Go ahead.
COMMISSIONER TAYLOR: Oh, how would you know what
I'm going to say?
COMMISSIONER NANCE: Go for it, ma'am.
CHAIRMAN FIALA: Go ahead.
COMMISSIONER TAYLOR: I think it's a fabulous day, and I
really am not enjoying this at all. But you know what, we haven't
asked you.
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I've heard what Commissioner Hiller says you want to do, and
I've heard what we're trying to do up here. I want to hear from you,
Kyle. What would you like us -- you want to get paid, right?
MR. ABRAHAM: I want to get paid, and I want to continue with
life and continue to do Collier County's work.
COMMISSIONER TAYLOR: Now, did we hear this? Did we
hear this?
MR. ABRAHAM: Continue on -- that's all I want. I don't want
to sue anybody. I don't want to --
COMMISSIONER TAYLOR: Thank you.
MR. ABRAHAM: -- get into legal -- I don't want any of that.
COMMISSIONER TAYLOR: Okay.
MR. ABRAHAM: I don't even want to be here as I am now. I
mean, I have invoices from February, and why I'm here in July -- like,
this isn't my style, and this is not what I do.
I work hard. I go to work every day. I put food on the table for
my family. That's what I do. I don't come here to argue and bicker and
fight, and that's just not me at all, ma'am.
COMMISSIONER TAYLOR: And I think it took a great amount
of courage and integrity to come here with this.
MR. ABRAHAM: And I will stand up and I will say I have the
most integrity. And these invoices are valid. And I would never do
anything that was wrong or not -- that's not me. It's not me.
COMMISSIONER TAYLOR: Okay. So knowing you just want
to get paid and you don't want to go to court, I would suggest that we
work with -- ask the County Attorney to create this executive summary
and --
MR. KLATZKOW: You'd need to direct the County Manager to
work with the County Attorney to bring forth an executive summary
based on quantum meruit on an in-absentia agenda.
COMMISSIONER TAYLOR: He said that. Not me. It's perfect.
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July 12, 2016
COMMISSIONER NANCE: Second.
MR. ABRAHAM: And the whole interest and all that stuff--
CHAIRMAN FIALA: Okay.
MR. ABRAHAM: -- I don't --
CHAIRMAN FIALA: I have a motion on the floor and second.
MR. ABRAHAM: -- even care about the interest. I just want
what's owed to me. I'll let that stuff go. And I just -- I did what I was
supposed to do, and I just want to get paid what I was supposed to get
paid. That's all.
COMMISSIONER TAYLOR: And it was confirmed by our head
of Public Utilities that it -- indeed, it's a better pump, so we have that --
MR. ABRAHAM: Right. And that's just one of the invoices.
COMMISSIONER TAYLOR: Yep.
MR. ABRAHAM: And on all these invoices, they could have
asked any of the project managers, hey, was the project done to your
guy's satisfaction? And they all would tell you yes; beautiful work.
COMMISSIONER TAYLOR: Okay. So we have a motion,
right?
COMMISSIONER NANCE: And a second.
CHAIRMAN FIALA: And a second. Okay. So all in favor of
the motion, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: (No verbal response.)
COMMISSIONER HENNING: (Absent.)
CHAIRMAN FIALA: Opposed? In a tired tone, she says,
opposed?
(No response.)
CHAIRMAN FIALA: Nothing. Okay. That's a 4-0 vote.
Henning had already left.
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July 12, 2016
COMMISSIONER HILLER: I'd like to --
COMMISSIONER TAYLOR: What are we doing about our
11 :30?
MR. OCHS: We're going to have it right now.
COMMISSIONER TAYLOR: Good.
COMMISSIONER HILLER: I'd like to just introduce this in the
record. Staff pulled the bar information on a William L. Blackwell. If
it is the same, this individual is not eligible to practice law in Florida.
Put it on the record. And what I'd like staff to do is verify whether or
not it's the same gentleman who was giving legal opinions in the --
CHAIRMAN FIALA: Oh, he was a moderator, wasn't he?
COMMISSIONER HILLER: No, he was giving legal advice.
He told them quantum meruit. He was giving legal opinions.
CHAIRMAN FIALA: Oh.
COMMISSIONER HILLER: So if it's the same -- and we need
to verify identity, and I'd like that information.
I'd also like to put this on the record, which is the schedule that
shows how much Mr. -- or Kyle Construction has been paid under
lump sum contracts with no backup requested by the Clerk over the
last year and a half. And, again, we're talking about over a million
dollars.
CHAIRMAN FIALA: Okay. Moving on to the next subject
again. Go ahead.
COMMISSIONER NANCE: Thank you, Mr. Kyle. I apologize
to you, personally, sir.
MR. ABRAHAM: Oh, no, no. No apology. Thank you for your
time.
COMMISSIONER NANCE: I can't help it.
COMMISSIONER HILLER: And here's the email --
CHAIRMAN FIALA: And thank you for being here, sir.
COMMISSIONER HILLER: -- that Mr. Kyle sent to the county
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stating what --
CHAIRMAN FIALA: Okay. We're done with this one.
COMMISSIONER HILLER: -- he wanted and the legal action
he intended to take.
Item #11G
RESOLUTION 2016-160: A RESOLUTION APPROVING THE
SUBMITTAL OF A RURAL BUSINESS DEVELOPMENT
GRANT (RBDG) APPLICATION TO THE UNITED STATES
DEPARTMENT OF AGRICULTURE (USDA) FOR THE
IMMOKALEE CULINARY ACCELERATOR FOR THE
MAXIMUM AMOUNT OF $200,000 AND INCORPORATING
SPECIFIED GRANT PROVISIONS — ADOPTED
MR. OCHS: Madam Chair, you have a time-certain, Item 11G,
that was previously 16F9, moved to the regular agenda at
Commissioner Taylor's request. This was an item to adopt a resolution
approving a previously authorized grant application from the United
States Department of Agricultural for the Immokalee Culinary
Accelerator.
Commissioner Taylor?
COMMISSIONER TAYLOR: Oh, thank you very much.
Well, I think what -- I've heard from some citizens from
Immokalee about this process, and I think I have two concerns. First
of all, I have a concern that the template for the accelerators in the west
is going to be transferred to the -- not the content but the template is
going to be transferred to the east, and I'm a little concerned that,
because I've heard from some folks up in Immokalee. And, you know,
Immokalee is Immokalee. It's unique unto itself
COMMISSIONER NANCE: Oh, no. I'm listening.
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July 12, 2016
CHAIRMAN FIALA: Oh, okay. I'm sorry. I thought it was
Commissioner Nance's subject.
COMMISSIONER NANCE: No, no. Go ahead.
COMMISSIONER TAYLOR: No. And, you know, with all due
with respect to my colleague to my left -- it is my left, yeah -- you
know, I'm not -- that's not casting any aspersions. It's just it's more of a
staff level than a leadership issue.
And then the other issue I have is that nowhere do I see our
wonderful Taste of Immokalee, and Taste of Immokalee, I mean, you
go out to restaurants and people talk about it. Do you know these kids
up in Immokalee? They've created this product and it -- and they've
got a plan, and one of the ones that is part of it, he's talking about he
wants to go to Harvard and, you know, it's so exciting, and they're in
Publix, apparently.
So I think what I wanted to do was put this on the -- just to get an
understanding of what we're doing; not to turn away this wonderful
grant and not to not comply with this grant at all with the terms of this
grant. That's not what I'm doing.
It's more to say, we got a -- we got an organization, a business,
that is being produced on the East Coast because supposedly we don't
have room here. Shame on us. It's our name, so --
CHAIRMAN FIALA: Ask her what they have to say. I asked
that same question, so --
COMMISSIONER TAYLOR: Good.
CHAIRMAN FIALA: -- I had a revelation.
COMMISSIONER TAYLOR: Okay.
CHAIRMAN FIALA: Would you like to mention to me -- well,
it was --
MR. GOODMAN: Commissioner, good questions always. This
is a very dynamic project.
MR. OCHS: Marshal, identify yourself.
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July 12, 2016
MR. GOODMAN: Oh, sorry. Marshal Good -- for the record,
Marshal Goodman, Director of the Naples Accelerator.
The template is the same. I mean, the template we've used from
the very beginning of this project that we went to the state with, that
we have come to you on multiple occasions and now to the federal
government for funding is, this is one project. It has a business
component. It has an office component, it has a mentoring component,
and out in Immokalee it's going to have a physical processing and
kitchen culinary facility. But it's one staff, and so what we've
requested, both from the state, from you, and now from the federal
government, is staffing.
The plan is to put two FTE, full-time employees, out at the
Immokalee center. They will be backed by the three FTEs that are
here in Naples, because at that facility they're going to do processing.
It's going to be an FDA/USDA regulated facility, which puts in place a
volume -- and Commissioner Nance knows this because we went
through a training session with the University of Florida.
The volume's this thick of single-spaced regulations for that
facility, which means we're very limited other than cooking food and
processing food at that facility, to put other services there, because it
introduces things that the FDA and USDA will not approve in the
facility.
So there we use the Naples office to do business plan, mentoring,
venture funding support for the companies that are building product
out at the Immokalee center.
Now, we have gone to other vendors in Immokalee looking for
office space because we do recognize, wow, if they have to drive all
the way to Naples, which is about 45 minutes each way -- and I make
that drive --
COMMISSIONER TAYLOR: Easy.
MR. GOODMAN: -- quite often.
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July 12, 2016
So we are looking for additional offsite in Immokalee office space
so we can do a lot of those services out there, but not at the 5,000
square feet that will be the kitchen, because then we will open
ourselves up to violating USDA/FDA.
As for Taste of Immokalee, we love them. We are on the same
page with you. We first found out about them through a lot of
community citizens. I've bought their products at -- the barbecue sauce
is really good -- at Publix. And we've had four meetings to date. The
last one was in my conference room, a luncheon that was held with the
Taste of Immokalee, as well as with a major company that is located in
Immokalee that sponsors them, and we would love them to use our
facility. And they're weighing that.
Their response is they are in the process of financing a
7,000-square-foot facility of their own to meet, they're hoping, the
growing demand from Publix. If they should not get that financing, we
are one of their backups.
And I confirmed that this morning by calling the person who
heads Taste of Immokalee to say, I just want to make sure that is your
plan, and he absolutely said, you know, you're Plan B or C, but our
Plan A is we would like to have our own 7,000-square-foot processing
facility which, yay to them, because part of our project is to give these
small companies traction. They actually have -- if you're in Publix,
you already have a good deal of traction. I mean, they're selling
product.
COMMISSIONER TAYLOR: Yes.
MR. GOODMAN: So that's where things stand. We'd love to
have them.
COMMISSIONER TAYLOR: But how can -- but see, once
again, there's a plan, but then there's a need, and the plan and the need
don't come together. And the need is an established business in
Immokalee.
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July 12, 2016
How can you accelerate them? How can you accelerate the Taste
of Immokalee with their plans for a 7,000-square-foot building?
MR. GOODMAN: We have had four meetings with them. We
have offered that acceleration to them. They actually are working with
a group. I believe it's called the One-on-One Leadership Foundation
out in Immokalee, and those individuals are accelerating them. We've
offered our services multiple times, including this morning, and what
they come back to us with is, we've got it under control right now.
We're executing our plan. Should that not happen and we need your
services and we need your facility, we will come talk with you. But
right now they're operating very much on their own. But we've
reached out to them, you know, every which way, you know, I can
think of
COMMISSIONER TAYLOR: And just -- I'll just finish with
this. Sitting on the outside looking in, what a feather to the accelerator
in Immokalee's cap to say that you were part of the success of the
Taste of Immokalee, and -- but when you have something set here and
there's no flexibility to go there, they're going to say, you are second or
third on the list. And I'm just -- I'm having trouble with that, but I
respect your response, and I've taken enough time, so thank you.
MR. GOODMAN: Thank you.
CHAIRMAN FIALA: And we're going to go this way:
Commissioner Nance, you've had your light on for a while, and we've
got speakers. I don't know how many speakers; two speakers. So then
we'll hear the speakers after you.
COMMISSIONER NANCE: Yes, ma'am. Okay. Thank you.
Okay. Look, the -- I think the notion of an accelerator and the
concept that has been under development for actually the past three
years is not very well understood. The accelerator can't be all things to
all people. The accelerator is to advance small existing businesses to
give them technology, networking, IT, science and technology, and the
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July 12, 2016
benefit of it to the greater community and to businesses yet to come
and to actually very well-established businesses is the networking we
have with the University of Florida and that we're building with the
University of Florida. That's something that's not often mentioned, but
it's the 800-pound gorilla in the middle of the room.
Just in the past few months -- actually within the last year -- we've
got a food systems -- a faculty member with Extension, we've had
ongoing discussions with the Department of Food Science and Human
Nutrition in Gainesville about a full-time faculty member at the
University of Florida that would support everyone.
We have had one of two workshops in the state of Florida on how
to start a food-based business, and we had one of the top faculty
members in the southeastern United States on food safety in attendance
on putting those things together.
So those are things that businesses need to seek out in relationship
to this program. The program cannot be responsible with tracking
everybody down and dragging them to this party. This party is
ongoing, and it's extraordinary. Having all sorts of these businesses
linked to the accelerator to the University of Florida is what
everybody's hoping for.
We're hoping to not only support businesses that are existence in
Immokalee, but once people decide they want to do a business -- and
they might because of some of this stuff that goes on -- and they get
started, they can then take advantage of it, or they can use some of the
technology that the University of Florida is going to have in residence
at that research and education center that's paid for by the taxpayers
and is available to everybody every day of the year.
So it's a big thing; however, I think there is some confusion
among some people I've talked to, the difference between an incubator
and an accelerator. An accelerator tries to launch businesses that have
already been conceived of and that are in people's mind and they've
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July 12, 2016
begun. An incubator -- and that's starting up a business from scratch --
is another thing that's not totally dissimilar, but it really is different in
magnitude.
You know, you can't be all things to all people, but this project
has really gotten the attention of a lot of people across the state of
Florida at the highest levels, and it's because these gentlemen here
have worked at it pretty hard.
So, you know, it's dynamic. It's not done and it's not ready, but I
can tell you that the accomplishments to date have been very good, and
I'm very glad that they're proceeding with a great deal of detail,
because when you're dealing with food preparation and you're dealing
with food businesses, if those young businesspeople don't address that
detail, they're not going to be successful. They're going to be like the
crab dip man over here that -- he went so far as to have his product in
Costco, and then he had one food safety incident, and it took him out.
He's done.
CHAIRMAN FIALA: Yep.
COMMISSIONER NANCE: When you put some -- when you
poison somebody with your food, you're out. You're out for good.
You're never going to recover from that. That's called one and done.
So when we want to do it we want to make sure that we bring that
technology to every young business owner, and it's very, very
important. So that's -- you know, I'd love to hear everybody comments
now.
CHAIRMAN FIALA: Okay. We'll hear from our speakers,
please.
MR. MILLER: We have two speakers for this item. Pam Brown
will be followed by Danny Gonzalez.
MS. BROWN: Good afternoon, Commissioners. My name is
Pam Brown, for the record. Immokalee residence, lifetime member
there.
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This -- with all due respect, this all began when I went to a focus
group meeting in Immokalee, and I attended this, and with Dr.
Goodman and Jace Kentner, and I had some questions. So I sent the
questions over June 24th and did not get any answer on the questions.
And then I sent a letter to the commissioners asking for these
questions to be answered. Thank you today because some of these
questions did get answered here that I did not have answered before,
and I really appreciate that.
I am endorsing this grant. I think it's a great thing for Immokalee.
I just want us to be the catalyst for this grant. Immokalee and the
people there that are trying to start small businesses, the young
entrepreneurs, that they have a future here with the food processing
that they're going to be able to do.
Some of the answers that I received last night from Jace was
saying that I had a lot of experience with canning, which is food
processing. And I'm just here as an observer because I was in the food
processing business. I had a cottage industry for 12 years, so I do
know a little bit about it. So I was just asking some questions because
of my interest in food and agriculture. I want to make sure this is
going to be a great thing for Immokalee, and I appreciate you-all
listening to us. Thank you.
MR. MILLER: Mr. Danny Gonzalez.
MR. GONZALEZ: For the record, Danny Gonzalez, President of
the Chamber of Commerce in Immokalee, also General Manager of
Lozano's Mexican Restaurant.
This idea, the presenting, and its well representative (sic), we
were -- the Chamber is behind it.
The only thing I have -- the questions that I want to get answered
is the Taste of Immokalee, the sauce they're making. It would be nice
if we can work with them more than try to get another space away
from Immokalee. It's -- they're representing Immokalee. See, we don't
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-- for me, I don't want to see it in West Palm or Naples. That's the
whole point here that we were trying to do. We need that company in
Immokalee.
Believe me, because we do buy the sauce, and we make our own
sauce. But we're promoting their sauce in our restaurant. So that's
kind of-- you know, kind of funny for us, because, you know -- I said,
well, we have our own sauce, too.
But I have met with Mr. Goodman about our -- doing our sauce,
something like that, the sauce, a product of the sauce, because during
the wintertime -- again, we've got snowbirds in Immokalee, too. So
they do take gallons of sauce and -- but we don't want to kind of, you
know, recommend us to be selling sauce without, you know -- you
know, patent or -- be legal and do it the right way.
So I had got with him and, hopefully, with my loss (sic) --
hopefully that we can also be part of the group to process our salsa, or
sauce, whatever. We have four varieties of sauces that we make. So
I'm all for it, and hopefully I can be one of those persons, entrepreneurs
to work with this company here. And I'm all for it, and the Chamber is
all for it.
CHAIRMAN FIALA: Okay. Commissioner Hiller?
COMMISSIONER NANCE: Yeah. Mr. Gonzalez, thank you for
coming and, Pam Brown, thank you for coming.
And I did -- I had a telephone conversation of almost an hour with
Pam to talk about her concerns about the accelerator following our last
meeting when her letter was mentioned, and so we did -- and I hope
that I answered a lot of her questions.
But, you know, you need to understand that the purpose of the
accelerator is to help these developing businesses with science,
technology, and support that they can't economically afford right now.
It's to give them that jump so that they understand what sort of a
kitchen they might want. They get exposed to a professional designed
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kitchen so they can help with their planning.
The high-pressure pasteurization machine that's being proposed as
a really high-tech infrastructure item out there, it would give them
exposure to that to see how that might be part of their new business.
Information technology and office space, perhaps, for somebody
that can't afford one; networking with other people that have similar
interests and skills and that sort of thing.
So what it really is to do is exactly what government is supposed
to do; government is supposed to help people with things that they
can't do for themselves. And it's going to launch them into some
technology, because what it's going to do is it's going to hook them up
with the Ph.D.'s down the street, right down the street in Immokalee, to
help them answer their questions from some of the best scientists in the
nation.
COMMISSIONER HENNING: Move to approve.
COMMISSIONER TAYLOR: Second.
CHAIRMAN FIALA: Commissioner Hiller?
COMMISSIONER HILLER: Mr. Gonzalez, your company's
desire to produce a sauce and a salsa coming out of Immokalee is
outstanding. The whole idea is if there is something native to a
community, like, for example, the fruits and vegetables that can lead to
these hot sauces and salsas, it would be great if there are 10 companies
that make it, and then Immokalee becomes, like, the hot sauce/salsa
capital of America.
And just so you understand, that's how successful businesses
grow because it is what -- the concept is called clustering. And if you
look at, you know, Napa and Sonoma, you don't have one wine
company. You have hundreds if not thousands of wine companies,
and they all compete with each other and they all collaborate with
other each other, and the products get better and better, and there's all
this innovation, and as a result you've got successful businesses and
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you have happy consumers, because it fosters a higher level of service
or a higher or a better product. So to your point of wanting to come
forward, this is exactly what we want to hear.
If the Taste of Immokalee wants to do business with someone
else, that is their choice, and we are not going to, as government, sit
there and force ourselves upon any private business. There are many
options out there. There are many different ways to promote your
business. There are different venues. You can hire, you know, a
professional consulting, you know, you can go to the Naples
accelerator. And if you're interested in going to the Naples accelerator,
then, Mr. Goodman, could you please sit down with Danny and work
with him to bring his sauce and his salsa into our food accelerator in
Immokalee and let's get another company going.
And if the Taste of Immokalee changes their mind, we're waiting
for them with open arms. I have a bottle of their hot sauce in my
refrigerator, and it's awesome. And I make breakfast burritos, and I
put that sauce on it, and it is really good, and I can give you the recipe.
That being said --
MR. GONZALEZ: I'll give you mine.
COMMISSIONER HILLER: All right. It's a deal. High five.
CHAIRMAN FIALA: We have a motion on the floor.
COMMISSIONER HILLER: All right. Bottom line -- bottom
line is the food accelerator is an outstanding idea of developing an
accelerator indigenous to the area. It works with Immokalee, and that
was the intent. It works with the agricultural industry. It works with
the people who live, work, and play in Immokalee, and it is going to be
an outstanding success.
And I want to compliment our economic development team
within the county, and I want to compliment the accelerator's team --
MR. GOODMAN: Thank you.
COMMISSIONER HILLER: -- for moving this forward. We are
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going to get that federal grant. We have gotten state money. We're
going to get more state money. And for companies like you and other
companies that will emerge because of seeing what you're going to do,
we are going to have a tremendous economic development initiative in
Collier County, and specifically in Eastern Collier and in Immokalee.
And thank you, Pam Brown, for what you're doing to push this
forward, and thank you to the Immokalee Chamber.
MR. GONZALEZ: I just want to thank everybody on the Board,
and as you know we will be celebrating our 20th year at Lozano's
Mexican Restaurant next year; 20 years, so --
COMMISSIONER HILLER: That's phenomenal.
MR. GONZALEZ: -- that tells you something. We want to stay
there. Thank you, ma'am.
COMMISSIONER HILLER: Thank you.
CHAIRMAN FIALA: Thank you so much. Good to see you
again.
Okay. Commissioners Nance, bring this in, please.
COMMISSIONER NANCE: Yeah. Madam Chair, I just want to
mention to everybody the genesis of this grant from the USDA. The
genesis of this grant was from Mr. Richard Machek and Mr. Botello
from the USDA that actually occurred at the dedication of the
improvement of Farmworker's Village in Immokalee. When they
heard -- that was one of the first times they heard about the Immokalee
accelerator, they said, we want to support this, we want to do that, and
they actually had their staff go out of their way to have us apply for
this grant at the 11th hour.
I mean, we were within side of about six weeks of the deadline
for grant applications, and Mr. Botello and Mr. Machek made this
happen to us. And they simply need a resolution to support it as part of
the grant requirement.
But I want you to know how much USDA is supporting the
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accelerator. And please be aware that the USDA is our greatest and
largest partner within the Immokalee Promise Zone. So working with
these people hand in glove is absolutely essential. We should be
thanking them for their support in offering this grant to them.
COMMISSIONER HILLER: Absolutely.
COMMISSIONER NANCE: It's been so very important.
CHAIRMAN FIALA: It's so interesting. Wow, that's the first I'd
heard of all of that.
COMMISSIONER NANCE: That's why I wanted to say that.
Thank you.
CHAIRMAN FIALA: Okay. So we have a motion on the floor
and we have a second. All in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: That is a 5-0, and we'll move on now to
Leo.
MR. OCHS: To lunch break, ma'am. You have public hearings
on the LDC after your lunch break.
CHAIRMAN FIALA: Okay. Very good.
MR. OCHS: So 1 :45, ma'am?
CHAIRMAN FIALA: Quarter to one?
COMMISSIONER TAYLOR: No, 1 :30. Let's do 1 :30.
CHAIRMAN FIALA: You want to -- you want to come back at
1 :30?
COMMISSIONER HILLER: Well, no. One --
COMMISSIONER TAYLOR: It's a quarter to 1 :00 right now.
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July 12, 2016
COMMISSIONER HILLER: Or it's quarter to 1 :00, so quarter to
2:00.
COMMISSIONER TAYLOR: Do you want to do 45 minutes?
COMMISSIONER HENNING: Well --
COMMISSIONER HILLER: No. I think, you know, the court
reporter has been going nonstop till almost 1 o'clock. I think --
CHAIRMAN FIALA: Fifteen minutes isn't going to make that
much difference now.
COMMISSIONER HILLER: Yeah. So quarter to 2:00.
COMMISSIONER NANCE: Yeah. We're dead in the water
anyway.
CHAIRMAN FIALA: I'm sorry. Bless your heart. Thank you for
being with us.
(A luncheon recess was had.)
MR. OCHS: Madam Chair, you have a live mike.
CHAIRMAN FIALA: Thank you very much. And we will
resume our meeting.
Item #7 — Continued from earlier in the meeting
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
MR. OCHS: Yes, ma'am. I believe we still have a few registered
speakers for public comments on general topics not on the current or
future agenda. And I know we heard one of those earlier today, but we
didn't announce specifically that we were going to hear that before the
1 p.m. schedule on the agenda, so I would recommend that the Board
hear those speakers.
CHAIRMAN FIALA: Sure. Yeah, we had no idea that we were
even going to be going that long, so...
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MR. OCHS: Yes, ma'am.
MR. MILLER: Commissioner, your first registered speaker is
Dr. Joseph Doyle. He'll be followed by Keith Flaugh.
DR. DOYLE: Good afternoon, Commissioners. Dr. Joseph
Doyle, Naples.
As you'll recall, in -- on April 26th you issued a proclamation to
the Collier County Public Schools, CCPS Proud, and that was partly
because they had become an A-rated district based on the new State of
Florida Department of Education lowered standards.
Well, that glory -- I was here on May 24th to ask you to rescind
that proclamation because it was not really duly deserved. Well, their
glory is short-lived because the new grades have been released from
the state Department of Education on Friday, and Collier County has
dropped to a B.
In particular, Naples High has gone from an A in 2015 to a B in
2016; Lely High has gone from a B in 2015 to a C in 2016; Everglades
City school has gone from a B in 2015 to a C in 2016. Additionally,
across the state, there are 300 lowest performing elementary schools.
Now, we have 67 counties, 67 school districts. Of the 300 lowest
performing elementary schools, six are here, unfortunately, in Collier
County, and that would be Immokalee Community School, Pine Crest,
Highlands, Village Oaks, Parkside, and Eden Park Elementary School.
So as can you see, even with the lower standards, Collier County
schools are not making the grade.
So I would really like you still to reconsider your proclamation.
Thank you.
COMMISSIONER HENNING: Can I speak on that,
Commissioner Fiala?
CHAIRMAN FIALA: Yes.
COMMISSIONER HENNING: You know, the proclamation
was based upon not the new information that came out. It was based
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upon what was prior to the proclamation. And I've said to you and I've
said to others, provide me the information that what was in the
proclamation was not correct, and I would have reconsidered it;
however, I cannot reconsider it because the time has passed on
reconsideration.
So -- interesting, the article stated that they were an A rated, and
they were dropped. So that's probably why I didn't receive any
information at that time after when I asked, because they were an A
rating. That's my -- that's my only comment. We can't reconsider
something that's already passed.
CHAIRMAN FIALA: Thank you, Commissioner Henning.
MR. MILLER: Your next public speaker is Keith Flaugh. He's
been ceded three additional minutes from Sandra Doyle.
MR. FLAUGH: To address your direct comments,
Commissioner Henning, we did send you a whole bunch of
information, but we also presented it, and so I'm going to back up
before I --
COMMISSIONER HENNING: I know you presented it, but I
didn't receive any information.
MR. FLAUGH: We sent -- well, we sent you a ton of stuff, so I
don't know why you didn't receive it.
As a representative of Southwest Florida Citizens Alliance, I take
no satisfaction in what I share with you today.
In late April, as you know, you approved unanimously a CCPS
Proud proclamation based on 2015 data. Collier public schools
received an A only because -- and we told you this back on the 28th --
only because Florida DOE dropped the -- to get an A from 66 to 62
percent.
I'm reminded of Commissioner Nance's comments this morning
that said 50 percent on a vendor survey are unacceptable. We have a
third of our schools in Collier County that our English Language Arts
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had below 50 percent reading proficiency. We have about 25 percent
of them that are below reading -- math proficiency of our 58 schools.
In late May, several of us who carefully follow the facts urged
you to look at the detail and rescind the proclamation. We showed you
the 2015 data did not support the propaganda inlying the presentation,
and we left you copies of all of that. We showed you the facts that on
the national tests -- and this is a point you're apparently refusing to
consider. On national tests like the ACT, Florida has dropped over the
last 20 years from 34th in the nation to 45th, okay.
On an international basis, while Florida was proceeding to the
bottom, the U.S. has dropped from the mid -- or the top lOs in English
Language Arts and math to the mid 30s.
We share with you the Florida students' test results on SAT, and
NAEP national tests show the same disastrous trend, not just ACT.
Last week the Florida DOE released the 2016 results, and as you
-- based on their self-serving proprietary grading system. In fact, in
Florida, there are only three A districts out of-- versus last year there
were 22.
So all of Florida -- this is not just a Collier County problem. All
Florida is in terrible shape and declining. And if you look at this from
an international competitive scale, those 50 and 60 percent scores that
our schools are getting are really D's and F's.
So why are you unwilling to face the facts? Let me suggest a
couple of thoughts, and these won't be popular. It's an election season,
and its powerful forces are protecting the status quo of a billion-dollar
school budget here in Collier.
Would you like -- would you or your staff like to explain to the
businesses that you're inviting into the county that we rank 45th on the
national ACT scores, and that we've declined from 34th over the 28
years.
As a taxpayer, would you welcome 50 percent of your property
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taxes going to a school system with terrible results? For the Naples,
Florida, Chamber of Commerce, or the Naples Chamber of Commerce,
would they like to admit to local business owners that the true state of
our K through 12 education here in Florida is a disaster?
As a Board of County Commission, would you like to admit our
schools are failing over a half of our students in English Language Arts
and math? We've got 46,000 students. Half of those students are
failing on any kind of an international or national basis.
Of course not. It's far easier for us all to play ostrich.
Folks and Commissioners, we're being had by a propaganda
machine that's self-serving. Until we all recognize the seriousness of
our failing K through 12 system both locally, in Florida, and
nationally, we have no chance of fixing this problem.
We are asking you to provide the leadership to stop this
government -- the abuse that our students are receiving at our
government schools that are poorly preparing them for productive lives
and ultimately enabling the failure of the greatest experiment of our
constitutional republic the world has ever seen.
It's time for us all to wake up. Again, we take no pride in this.
It's time for us all to wake up and recognize that your proclamation
was in error and provide the leadership to begin to fix the problem.
Thank you.
COMMISSIONER NANCE: Mr. Flaugh, hold up a second. I'd
like to -- I'd like to respond to you in a couple ways, sir, because I
think you need to understand a few things about the way you're
analyzing some of the information, the information that you're
providing.
My wife has been a schoolteacher for 40 years. She has spent
about the last 10 years working with increased testing and students that
need to take required tests to get a diploma in high school.
You may not be aware that some of the test data that you're
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analyzing is completely erroneous in the conclusion you're trying to
draw because some of the students that struggle to pass the required
sections of the test take the tests many, many times. Those scores
skew the results.
In addition, some of the brightest students take the tests many,
many times focused on only one portion of the test. They may take an
ACT or an SAT and only fill out one section of the test, but the whole
test is scored. Half the test will be scored as a zero.
They do that because the universities and many places allow them
to develop what they call -- it's a super score, which is combining the
best sectional scores they get from the exams and combine them to
create the best possible score.
So they go in and they take a test focused on one section of that
test that they're focused on, and they spend their whole time on that
test and not the other at all. The other may be a zero.
And they take these tests many, many times. Some of our brilliant
-- most brilliant students in this county do that to develop the best
super score they can to apply to a college.
So when you take a look at what the scores on the SAT are, it's
completely erroneous because they're taking the score (sic) multiple
times. Struggling students are taking it, brilliant students are taking it,
but they're only focused on one section of the test.
So these cumulative test results over how many times people have
taken tests and what the scores are, are absolutely completely
meaningless.
You need to understand that. You need to understand how the
tests are being used and how the administrators in the system are trying
to help the students pass the test.
That said -- I just wanted to let you know that, because I think
you're confused on that topic. You need to understand that.
That said, me as a commissioner, I'm not -- I'm not involved in
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the school district. You have to talk to them about it.
MR. FLAUGH: Well, Commissioner, a couple points. We spent
three years on a deep dive, and we understand the content that's in our
curriculum. We've shared that with you. We understand the process.
I would remind you that Florida, on a competitive basis to the
other 50 states, which all do the same thing that you're talking about,
are failing. But the point is, we have to recognize -- I guess I'll -- I'm
reminded, I was a veteran in the army, and I was air defense artillery
officer, and one of the famous sayings that we had -- and we've got to
get beyond this, sir -- is the effective range of an excuse is zero meters.
We have lots of excuses as to why our kids are being protected by
a school system that, on any way you look at it, is failing. And until
we admit that and start to fix the problem, we're just perpetuating
what's happening to our kids and the future of our country, and we
believe that very strongly. We'd be happy to share with you --
COMMISSIONER NANCE: Go to the eastern part of the county
and volunteer in the school for a year, and then you come back, and
then we'll talk, okay. Because simply, sir, you don't know what the
heck you're talking about.
MR. FLAUGH: Well, I beg to differ with you.
COMMISSIONER NANCE: I don't.
MR. FLAUGH: Okay. Thank you for your time, Commission.
MR. OCHS: All done?
MR. MILLER: Yes.
MR. OCHS: Madam Chair, that takes us to Item 9 on this
afternoon's agenda, advertised public hearings.
Item #9B
AN ORDINANCE AMENDING ORDINANCE NUMBER 04-41,
AS AMENDED, THE COLLIER COUNTY LAND
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DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE LAND REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA,
BY AMENDING CHAPTER ONE - GENERAL PROVISIONS;
CHAPTER TWO - ZONING DISTRICTS AND USES; CHAPTER
THREE - RESOURCE PROTECTION; CHAPTER FOUR - SITE
DESIGN AND DEVELOPMENT STANDARDS; CHAPTER FIVE
- SUPPLEMENTAL STANDARDS; CHAPTER SIX -
INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE
PUBLIC FACILITIES REQUIREMENTS; CHAPTER NINE -
VARIATIONS FROM CODE REQUIREMENTS; AND CHAPTER
TEN - APPLICATION, REVIEW, AND DECISION-MAKING
PROCEDURES, AND MORE SPECIFICALLY AS DESCRIBED
IN THE ATTACHED AMENDMENTS — LDC CHAPTER FOUR
SECTION 4.02.33, IMMOKALEE NONCONFORMING MOBILE
HOME PARKS - MOTION TO APPROVE STAFF
RECOMMENDED CHANGES AND ADD A SPECIFIC PURPOSE
SURVEY TO THE PROCESS - APPROVED; LDC CHAPTER
TWO SECTION 2.03.07, CONDITIONAL AND PROHIBITED
USES WITHIN THE IMMOKALEE MAIN STREET OVERLAY —
MOTION TO APPROVE STAFF RECOMMENDED CHANGES -
APPROVED 5/0; MOTION TO APPROVE THE REMAINDER OF
AMENDMENTS UNDER AGENDA ITEM #9B WITH THE
EXCEPTION OF LDC SECTION 4.05. 10 REGARDING
CENTRALIZED PARKING FOR RESIDENTIAL MAIL
DELIVERY — APPROVED
MR. OCHS: Commissioners, you have two Land Development
Code, Items 9A and 9B. I understand, Madam Chair, that most of the
speakers here wanted to speak on items related to 9B, and I wondered
if the Board would entertain taking that ahead of 9A.
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COMMISSIONER TAYLOR: That's fine. I think that's a very --
there's a good idea.
CHAIRMAN FIALA: Yes.
MR. OCHS: And 9B is a recommendation to consider an
ordinance amendment to the Collier County Land Development Code,
which includes comprehensive land regulations for the unincorporated
area of Collier County, and I'll turn it over to Ms. Caroline Cilek to
begin the presentation.
MS. CILEK: Thank you very much.
Good afternoon, Commissioners. Caroline Cilek, LDC manager
with Collier County's Growth Management Department.
And I'm here today to present the 2015 Cycle II LDC
amendments.
These elements were directed by the Board last year. They have
been reviewed by community members and have been unanimously
approved by the Development Services Advisory Committee as well as
the Planning Commission.
Due to several changes to the permitted and conditional uses,
these amendments require two board hearing dates, so we will return at
the first meeting in September for you to review them and at that time
adopt them.
If I -- at this time I'd be happy to answer any questions. At some
point I would like to discuss the Immokalee nonconforming mobile
home park amendment. We have several public speakers here today as
well as the County Manager's Office would like to provide some
comments as well.
CHAIRMAN FIALA: Okay. Let's see. Do we have any
commissioners? Yes. Which was first, Henning or Taylor?
COMMISSIONER TAYLOR: You know what, I was on the last
speaker, so I'll let that go. So it's -- Commissioner Henning is up.
CHAIRMAN FIALA: Okay.
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July 12, 2016
COMMISSIONER HENNING: Well, I have several questions,
Madam Chair. I don't care the order.
CHAIRMAN FIALA: Okay. Well, I have some speakers.
Would you like to hear the speakers first --
COMMISSIONER HENNING: Yes.
CHAIRMAN FIALA: -- because that usually moves things along
pretty well. Okay.
MR. MILLER: Madam Chair, I have four registered speakers on
this item; three are to deal with the mobile home park section, and one,
if I understand correctly, is about farmers market. So do you have a
preference?
COMMISSIONER HENNING: Let's deal with Immokalee.
MR. MILLER: The mobile home park, yes, sir.
Your first speaker is Rebecca Davenport. She'll be followed by
Jeff Davenport.
MR. DAVENPORT: Can I go first?
MR. MILLER: Absolutely. Your first speaker will be Jeff
Davenport followed by Rebecca Davenport.
MR. DAVENPORT: Good afternoon, Commissioners. I'm Jeff
Davenport representing G&J Rentals of Immokalee.
I would just like to ask if you-all would approve the Land
Development Code as presented to you. And, like I say, ails we'd like
to do is just help the people in Immokalee have a choice of which way
they want to go and update their units if possible.
Thank you.
MR. MILLER: Your next speaker is Rebecca Davenport. She'll
be followed by Max Griffin.
MS. DAVENPORT: I'm Rebecca Davenport. I'm representing
J&B Rentals of Immokalee, and I am just asking for you-all's approval
on the Land Development Code with -- in reference to the mobile
home parks so that we may be able to replace mobile homes that have
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either burnt or messed up, and put new ones in and continue with our
livelihood.
MR. MILLER: Your next speaker is Max Griffin. He'll be
followed by Jeff Page.
MR. GRIFFIN: Max Griffin of Immokalee Mobile Home Parks.
And I just want to second that I want to be able to replace units. We'll
follow all the rules, setbacks, surveys, and everything, and just replace
units. I've replaced a few of them so far, but I'm going for used mobile
homes and better than what I've got, but it's hard to find them right
now.
Thank you.
COMMISSIONER HENNING: Madam Chair?
CHAIRMAN FIALA: Yes.
COMMISSIONER HENNING: I'm going to make a motion to
approve the mobile home amendments for the Immokalee, and here's
the reason why: This amendment addresses health/safety issues, not
aesthetics.
During Hurricane Wilma, we've had several of these destroyed;
cannot be replaced unless they come up with standards of the Site
Development Plan.
What -- by Florida law they have to -- these mobile homes have
to meet the minimum wind code of after Hurricane Andrew. So they
will address health/safety issues. There's a lot of old, old mobile
homes in Immokalee -- well, all over Collier County -- and if the
impediment is a site plan that deals with aesthetics, we're not really
addressing the core issue, and the core issue is substandard housing.
And, you know, and we should try to encourage, you know,
providing that health/safety and lifting up the sub-standards, removing
the sub-standards that we have over there, so I really --
CHAIRMAN FIALA: Oh, that's a worthy motion. Okay. Do I
hear a second?
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July 12, 2016
COMMISSIONER NANCE: Yes, I will, and I'd like to comment
when Commissioner Henning's done.
COMMISSIONER HENNING: I'm done.
COMMISSIONER NANCE: Yes, I will -- okay. You know, I
want to commend staff and the community for working together on
this amendment. I think it's been very thoughtful. It's been very
carefully considered for quite a long time. A lot of people have put a
lot of sweat into this.
I don't think it's the answer to everything, but I think it's a
wonderful start. I want to thank Commissioner Henning for his
thoughtful -- for this thoughtful comments on it.
It's been suggested to me that one of the things that we do need to
have, though, is we do need to have a survey from a professional
surveyor to locate these things and do that rather than just take a -- you
know, perhaps a drawing from an owner.
I think we can do this in an economical way and that staff-- I
think staff supports that, just to make sure that things are well defined
as we go forward.
I really appreciate the work that everybody's done on it, because I
know it's been -- it's been a --
COMMISSIONER TAYLOR: Tough.
COMMISSIONER NANCE: It's been tough, but I think it's a
great start, so I appreciate everybody's support.
CHAIRMAN FIALA: Okay. I have a motion and a second.
COMMISSIONER NANCE: Would you change your motion,
Commissioner, to support the -- to add the survey element of it so that
we can get things recorded? I think that's the only gap that staff
noticed that we probably should include.
COMMISSIONER HENNING: Just a comment from staff, just
to understand what Commissioner Nance's request is.
MR. CASALANGUIDA: Yes, sir. It's not a site plan survey. It's
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a spot specific survey just to locate the mobile homes, because it will
be your record drawing for all replacements going forward and for the
density and intensity. So not drainage. It's just a location map signed
and sealed by a professional. It shows the existing mobile homes
locations.
COMMISSIONER HENNING: Why couldn't we use the
Property Appraiser's GPS system?
MR. CASALANGUIDA: It's not that accurate, sir, and it doesn't
identify setbacks between the structures or the property lines. It's
going to set your baseline for that. I think Caroline's spoken to the
mobile homeowners, and I think the term she used is site --
MS. CILEK: Specific purpose survey.
MR. CASALANGUIDA: Thank you.
MS. CILEK: Yes. We did speak with several of the mobile
home park owners, and they are comfortable with this addition, and we
would make the change in the administrative code, and it would apply,
and we would bring that forward in September.
COMMISSIONER HENNING: So you're talking about a
surveyor, professional surveyor.
Commissioner Nance, you're okay with that?
COMMISSIONER NANCE: Yes, sir.
COMMISSIONER HENNING: Yes, that's included in my
motion.
COMMISSIONER NANCE: Yes. Okay, thank you. Then I'll
update my second to mirror that. Thank you, sir.
CHAIRMAN FIALA: And I see nods coming from our audience,
too; people that would be affected. Thank you very much.
Commissioner Hiller.
COMMISSIONER HILLER: Yeah, this is a long time coming
and goes back to the debates we had with the Blocker family.
The issue is that not giving them the right to update the mobile
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homes, in effect, put them in a position where they would ultimately
no longer be able to use the properties as mobile home parks, and that
would be completely unfair. And, as Commissioner Henning said, it is
a health/safety issue.
On the other hand, the other side of the argument was that if we
allowed them to make these replacements, that they were no longer
going to be grandfathered, and this is the resolution of those two
conflicting arguments which, again, was in large part what the whole
Blocker debate was about. So I'm glad to finally see this resolved, and
it's what I had been advocating for back then and finally has become a
reality five years later.
CHAIRMAN FIALA: And what Commissioner Henning was
pointing to, he wanted to make sure it was not aesthetic; it was for
healthy and safety. So it's all on the record.
COMMISSIONER HILLER: But there's nothing wrong with the
aesthetic element either --
CHAIRMAN FIALA: No, there isn't, but you --
COMMISSIONER HILLER: -- because what we want to do is
make Immokalee a more beautiful place to live. And so to the extent
that the primary objective is public health, safety, and welfare, the fact
that there is going to be an aesthetic benefit is a big plus for the
community, and these tenants deserve a nice place to live.
So, you know, getting, you know, a hurricane-safe, you know,
fire-rated modern homes that these people can be proud of, whether
they rent them or own them, is a good thing. It's just another avenue of
affordable housing available to these residents of that community.
CHAIRMAN FIALA: Now we're only addressing this one
subject. We still go back to the rest of the amendment, but first we'll
vote on this one.
All in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
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July 12, 2016
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: (No verbal response.)
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Good. And that's a 5-0; thank you.
MR. MILLER: Madam Chair, I did have the one additional
speaker on 9B, Jeff Page.
CHAIRMAN FIALA: Uh-huh.
MR. PAGE: Good afternoon, Commissioners. I'm actually here
today at the request of the Vestry of St. Paul's Episcopal Church.
As some of you may know, we've got quite a large farmers
market there that's been operating for the past eight years. We have
typically up to 100 vendors over the course of that several months.
So the one issue that the Vestry had is the fact that St. Paul's is
completely volunteer. We don't have a permanent manager per se.
And the amendment has in there that the market operator shall verify
that the vendors obtain all applicable federal, state, and local licenses.
What we're asking you to consider today is if you would just -- if
we could somehow come to some type of agreement where we would
provide the Land Development Code, or what would be required for
them as a vendor to be there but not actually have the operator or the
manager that's kind of running it that day be responsible for all the
vendors, making sure that they're in compliance.
CHAIRMAN FIALA: Yes. I spoke with Nick Casalanguida and
Leo Ochs earlier about this same one because, you know, I've worked
it from my end. You've worked it foot on the ground, right?
MR. PAGE: Yes, ma'am.
CHAIRMAN FIALA: Feet on the ground.
Anyway, and so they offered a suggestion which really worked.
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Would you like to mention that, Nick?
MR. CASALANGUIDA: Well, I think, ma'am, the clarification
that Mr. Page has pointed out is, the responsibility of the market
manager as written is to manage that compliance, but the alternative
might be that the market manager's responsible for providing that
information to all the vendors what compliance is; in other words, the
DACS. You know, as they sign up, they provide the information as
they register and just note to the manager that they have the
information, rather than them keep the records/files and manage
compliance for that, and that's just something for you to discuss
between yourselves.
CHAIRMAN FIALA: Yes. And I spoke to the gentleman from
the church, and then he's -- I asked him to put it in writing as well.
And I said, well, how do you even communicate with them? And he
said, oh, we always communicate with them before the season even
begins. We want to know who wants to work at the market and who
wants to reserve spots and so forth.
And I said, when you do that, all you need to do is send them the
list of the rules and what is required of them so that they're all
informed of what is expected of them.
And he said, well, they can do that because they send out a
notification anyway.
MR. PAGE: Yes.
CHAIRMAN FIALA: Okay. So I think that that works. Does
anybody have any other questions? Oh, Commissioner Henning?
COMMISSIONER HILLER: I do.
CHAIRMAN FIALA: No. He was on first.
COMMISSIONER HENNING: Yeah. I don't know why we're --
why this amendment is even needed. What's the purpose of it?
MS. CILEK: The purpose of the provision that Mr. Page brought
up, or the purpose of the entire amendment?
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COMMISSIONER HENNING: The entire amendment.
MS. CILEK: We had been working on the amendment to address
farmers market for several years, in fact. Most recently we addressed
them for market events on county property. But prior to that, we had
been working on one for temporary events on private property, craft
fairs, farmers markets, the like.
Basically, there's a provision in the LDC that we've been
operating under that provides the ability for administrative approval for
a farmers market type event, but it doesn't actually allow for them to be
selling items that are not in that zoning district. It's there, but it's not a
comfortable spot for administration to be -- or for an administrative
approval of market events. And that's the impetus for it.
We feel that the amendment outlines some really great standards
for our market events, bathrooms, access to the site, some health/safety
issues, and that's the background.
COMMISSIONER HENNING: What's the purpose of
demanding these markets have a manager?
MS. CILEK: The managers are typically the ones that apply for
the permit, and that's what we're familiar with from those that are
coming forward to the county to request the event itself are the market
managers.
COMMISSIONER HENNING: Right. The -- well, that's just
somebody applying for a primary permit.
MS. CILEK: Uh-huh, yep. And then usually the vendors work
with them to sell their products at the event.
COMMISSIONER HENNING: Right, yeah. But why do we
have to have -- I mean, I know in other temporary uses you're required
to have -- you need to show where your parking is, you need to show
where your bathrooms are, things of that nature. But now we're getting
into the health department's issues, and that would be that they're
licensed through the health department and, you know, putting a lot of
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onus on the manager.
MS. CILEK: Sure. Well, with respect to the provision that Mr.
Page has brought up, we looked at the county's contract for market
events on county property as the example, and from there we provided
this provision. We see it as a just general awareness to -- for vendors
and market operators to be aware of their license requirements, but if it
pleases the Board not to include it, we can take it out.
COMMISSIONER HENNING: Yeah. I mean, you know, what's
very interesting, just an observation, is we allow the county to have
year-round temporary events. And we want to be -- we want the
private sector to be like the county, which I look at those details of an
agreement with the county is we are the property owner, or we're the
steward of the taxpayers' property so, therefore, we want to protect the
citizens.
This is something private, so -- and, again, the temporary use, the
table that you provided, we're only allowing temporary uses so many
days when the county can do it year-round.
So there's a disparity about what we're saying. We're saying we
want to be like the county, but we don't want to be like the county. We
want to limit how much they use their property for temporary events
but not on county property.
I don't think it's -- I can't support this amendment. I think it's
overreaching. It's unnecessary. I think it's a private property issue. If
I go to a plaza or if I'm a plaza owner and I want a temporary vendor in
there, it's my responsibility to protect my interest on it.
I want to make sure that they have insurance. I want to make sure
that they comply to standards on my property. It's none of
government's business. You know, it is government's business to
make sure what happens on their property, that we're -- that we're
protecting what happens on our property. But it's -- this amendment is
far overreaching, and I think it's very unnecessary.
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MR. CASALANGUIDA: Commissioner, if I could help a little
bit. I'm going to let Caroline explain it.
I think some of the issues is some of these zoned properties don't
allow this use as a year-round. It's a temporary event use. Depending
on the zoning, the current code we have allows them to use it a certain
amount of days.
This amendment was kind of helping them clean it up so they
could use it the way they want to under the -- because right now there's
a permit process if they're zoned as a temporary event. In other words,
these -- a church, when they came in for their conditional use or their
zoning application, didn't list markets every weekend, so there's a
temporary use process that they go through, temporary event process.
So I think this --
COMMISSIONER HENNING: You've been granting it. It's
been allowed. These -- like on this particular property, I don't know if
it's straight zoning or a conditional use.
MR. CASALANGUIDA: Right. Under the existing temporary
event code, that's how they've been allowed, sir, and it's been really
hard to follow that code to the extent the way it's written.
I think this was meant to clean up the time frame and help them. I
think the only thing that became onerous, sir, was the market manager
issue.
COMMISSIONER HENNING: Right.
MR. CASALANGUIDA: Right. So I think if that part came out,
because it was the Board's will to do so, I think the rest of this kind of
helps clean it up.
Because I know when Claudine was trying to issue these permits
down at the front and dealing with some of the complaints we received
about the actual days being used -- and I really should let Caroline kind
of elaborate a little more, but --
MS. CILEK: No. Mr. Casalanguida is correct. And we were
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looking to make this very consistent with what is ongoing with market
events out there today. We spoke with many market operators to make
sure that we were in line with our practices.
We feel that this will allow for many additional, not -- a balanced
approached to the number of event days that markets will be able to
operate throughout the year and provide the services to not only
seasonal but full-time residents.
It was not intended to be overly regulatory but really to fit in line
with what is going on today and to support market events.
COMMISSIONER HENNING: Well, I can support it if it -- you
take out the management part of it, if the management part is taken out.
MS. CILEK: If that is -- we'd be happy to do that if that is the
will of the Board.
CHAIRMAN FIALA: And do you -- how do you guys feel about
that?
MR. CASALANGUIDA: Ma'am, that's totally your will. I think
there was concern about -- from staff that some of the board members
were concerned about food safety.
COMMISSIONER HENNING: Well, food safety is the health
department.
COMMISSIONER TAYLOR: Yeah.
MR. CASALANGUIDA: Understood. And there's where you
guys could speak between yourself. It's not -- that's strictly a policy
decision.
CHAIRMAN FIALA: Okay. Commissioner Hiller?
COMMISSIONER HILLER: There are different agencies that
regulate the different requirements of-- you know, that govern these
vendors. I don't think that we should suddenly put ourselves between
those agencies and these service providers or sellers of goods because
now all of a sudden we're going to have responsibility to ensure that,
you know, they're compliant with this state law or that state law.
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Every vendor is responsible to be legally compliant. I mean, if
this was a commercial building and I owned that building and I leased
it to a law firm, I'm not going to go in there and say, you know, let me
see the license of every one of your attorneys and make sure that
they're all, you know, licensed on the Florida Bar site, and that's
essentially what this provision is asking our staff to do, to go in and
speak to the property owner and ask the property owner to provide
evidence that his tenants are compliant with law.
You know, if-- there are other agencies that oversee these license
requirements of these vendors, and they need to walk on site and they
need to audit the various stalls for legal compliance with whatever law
applies to them.
So I don't really see what we're doing by imposing a duty on these
property owners to do anything with respect to the vendors that they
don't have a legal duty to do as already provided by state or federal
law.
MR. CASALANGUIDA: We discussed with Mr. Page and the
Chair that one thought would be is that the only thing we would do is
maybe suggest through the permit process is they notify their people
on site.
COMMISSIONER HILLER: No. They should not have a duty.
Every vendor is responsible to know the law as to whatever business
they're doing. I mean, no one notifies -- if you're a tenant in a
commercial building, your landlord doesn't say, you know, it's my
duty, because the county has told me so, to let you know that you
should only have licensed attorneys practicing in your firm because the
unauthorized practice of law is illegal.
I mean, that's, like, ridiculous. Because what if he doesn't know
all the applicable laws for all these various, you know, stalls on his
property? That just doesn't make any sense.
It's -- imposing a burden on him that is -- that should not be his
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duty. Every retailer should follow the law that governs them, and they
have a duty to know what that law is, not him.
MR. CASALANGUIDA: Commissioner, I encourage you guys
to talk between yourselves, because it's not staffs -- this came up
during the farmers markets on county property, and it was the same
discussion you-all shared at that time, too. It's not really your staff
that's --
COMMISSIONER HILLER: Now, there's a different issue with
respect to the general property. I mean, there if that property owner is
allowing these people to lease off their property, as the lessor they
have certain duties, and they have certain license requirements
themselves. I mean, they need to ensure that they don't violate the fire
codes, and you can speak to that. They need to make sure that, you
know, the property is set up in a way that EMS can get in there.
I mean, you know, those kind of things are the duty of the
property owner, and there are laws that govern that too, which include
our local laws which, you know, Chief Page knows about. That makes
sense.
But there is a big difference between the responsibility of the
property owner with respect to the property that he is leasing out to
these stall owners as compared to what legal responsibilities these stall
owners have with respect to the public they sell to.
I mean, you know, if I own a commercial shopping center and I
have a restaurant in there, I'm not going to sit there and tell the
restaurant owner, you know, these are the OSHA laws you have to
follow, and make sure you have all -- you know, you've met those
standards. These are the food safety laws you have to follow. No.
You know, the lease should basically say, you know, follow all laws
applicable to you.
CHAIRMAN FIALA: Commissioner Nance?
COMMISSIONER NANCE: Yes. You know, we spoke a lot
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about this earlier and, you know, when we decided to issue these
permits on county property --
COMMISSIONER HILLER: That's different.
COMMISSIONER NANCE: -- one of the concerns was that we
have a manager there that was basically watching out over some of the
basics. And since the Department of Agriculture on Consumer
Services rules and regulations regarding food safety have gotten more
intense in response to food safety issues, this is just something that
comes to everybody's mind.
It's not like the little bake sales that everybody used to run years
ago. You know, you have people that still insist showing up on the
side of the road here, and they're selling shellfish and cooked foods and
things like this. And this is a healthy and safety risk.
I don't think it's our business to intrude upon somebody that does
this, but I think that these people that are operating markets with a
permit from us need to be aware of the gravity of the responsibility
they could potentially face. Because I don't want to see a food safety
incident occur and then have somebody come back to the county and
go, hey, listen, you were permitting this will full awareness that some
of these dangerous activities were going on. I don't want to get caught
in that net.
So somewhere -- you know, the buck's got to stop with
somebody. Somebody's got to be aware that these are public safety
issues. I don't know clearly how to address it, but I do have a concern
because some of them are quite serious. I mean, not a day goes by
now that you don't read about some cake mix that's being recalled
because somebody's dying of listeria or something from some goofy
ingredient that's -- you know, that's enclosed.
So it's somewhat problematic to me. I am not strong in any one
direction. I don't think we should, you know, get in these people's
business, but I think perhaps when we issue them a permit, they need
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to acknowledge that there are significant rules in place from DACS
and they need to govern themselves accordingly. Somebody needs to
be at least aware of the circumstance.
And these people may just simply not be aware of some of the
rules that are in place. When they engage -- they think it's a flea
market, and it turns into a food safety issue, it can have consequences.
MR. CASALANGUIDA: What about, as part of our permit,
administrative process, just noting on the permit when they sign for the
permit that, you know, be advised you're responsible to comply with
other food safety regulations from the state and just put, you know --
COMMISSIONER NANCE: You know, the vendors on your
property may be required to do some pretty, you know, good --
somebody just needs to be aware. I'm not sure -- I think they think not
much of it, and there may be more to it than they've, perhaps,
recognized, and I just don't want it to get a -- to be a public safety
issue.
COMMISSIONER HILLER: Why not simply --
CHAIRMAN FIALA: Commissioner Taylor.
COMMISSIONER TAYLOR: As I was listening to this, I
realized I don't have vast experience, but within the city there is a one
-- farmers market on Third Street. Now, it's privately managed. It's on
public property and on private property. It might be good in between
this time to talk to them how they handle it, because I remember
vendors, one time they're there and sometimes -- and maybe you've
contacted them. Have you?
MR. CASALANGUIDA: We have as part of our review as part
of the public property --
COMMISSIONER TAYLOR: But I remember vendors
disappearing because the Department of Health came down and said,
you can't do this.
COMMISSIONER HILLER: They did.
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COMMISSIONER TAYLOR: And they had to go back and
either reformulate what they were doing, so it was standards. But I
don't know who enforced that.
COMMISSIONER HILLER: The State did. And what happened
was they came in, and they shut vendors down who were using their
home kitchens to --
COMMISSIONER TAYLOR: Yep.
COMMISSIONER HILLER: -- prepare foods and sell at the
market. And they required them to lease space in commercial kitchens
and follow, you know, the State requirements with respect to food
preparation. And so our permit should say, you know, the landlord and
all tenants shall follow all applicable state --
MR. CASALANGUIDA: That's fine.
COMMISSIONER HILLER: -- you know, federal, state, and
local laws. And, I mean, that should be in all our permits.
CHAIRMAN FIALA: I think the church actually does a good job
because what they do is they distribute in the beginning of the year that
these people are welcome, what the criteria are to rent that spot, and
the things that they would suggest that they adhere to. I don't think
anybody's trying to raise a -- you know, a sledgehammer to them.
What you're trying to do is give them an outline so everybody knows --
COMMISSIONER NANCE: Their responsibility.
CHAIRMAN FIALA: -- what is expected of them. I think it's
just that simple. I think we're making too big a deal of it.
COMMISSIONER HILLER: And we do that with every permit.
If it's a building permit, you know, whoever pulls the building permit
is required to follow all applicable federal, state, and local laws, and
they sign an affidavit to that effect and -- don't they? I mean, don't
they sign the permit and swear that they will follow law?
MR. CASALANGUIDA: Meet the Building Code, that's right.
COMMISSIONER HILLER: Or meet the Building Code, which
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is law. Same thing. It's just --
CHAIRMAN FIALA: Am I correct then?
COMMISSIONER HILLER: And just put that in the permit and
make them sign an affidavit.
MR. CASALANGUIDA: Ma'am, that's clear direction, and we
can do that. I think we can just put that on the permit application; you
shall comply with food safety requirements as --
COMMISSIONER HILLER: With all applicable federal, state,
and local laws.
MR. CASALANGUIDA: Got it.
COMMISSIONER HILLER: Whatever applies. I mean, they
could be selling electrical products, and that could be, you know, a
safety hazard.
CHAIRMAN FIALA: Okay. I don't know if you've come out
with anything out of all of this business. Yes?
MR. PAGE: I'm sorry, Commissioner. I do have a question. So,
Commissioner Hiller, what you're suggesting is is that the manager or
the applicant would attest or sign something to the effect that he would
make sure that all the vendors would be compliant with that?
COMMISSIONER HILLER: When you pull a permit, you have
to -- you have to attest that you will ensure that you and whoever uses
the property follows all federal, state, and local laws. I mean, that's --
CHAIRMAN FIALA: This is not what this says, though.
COMMISSIONER HILLER: But what I'm saying is, that's
what's required with every permit. I mean, whether you go down to
the local level, you know -- I'm sorry -- to the tenant level and choose
to inspect or not inspect whether they have the appropriate licensing or
are conducting themselves in the right way is up to you, because the
bottom line is if-- I think. And I could be wrong, but my guess is, is
that if something happens to someone who buys something from a
vendor that you lease to, you probably would be in the chain of that
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lawsuit if they were somehow injured because they, you know, didn't
do something that was in accordance with, you know, the law, but I
don't know. And that's really a legal question that you have to talk to,
you know, like a personal injury attorney about, because you will have
liability.
CHAIRMAN FIALA: Go ahead, Nick.
COMMISSIONER HILLER: You're not immune.
MR. CASALANGUIDA: For clarification for staff, ma'am,
whether it's an attestation or just a notice, and that's the big difference
whether -- I think that's what Mr. Page is getting at. If we're just
saying that as part of the permit we're advising you of food safety
requirements that you should follow, that's just notice on the permit
that you're subject to those versus them attesting that they will assume
the liability for those; a little different, so I think --
COMMISSIONER HILLER: Well, it's --
CHAIRMAN FIALA: That's exactly what you were saying. And
that's -- I think it's that simple. It's gotten to -- all of a sudden, it's
gotten very, very convoluted into state and federal laws. And talking
about a -- we're talking about, you know, a little food stand.
COMMISSIONER HILLER: Right. And there's, unfortunately,
federal and state laws that govern them.
CHAIRMAN FIALA: Yes. But we're only dealing with the
people who want to have, you know, food markets and fresh markets
on their property, and we're asking them. The way I understand it --
you correct me if I'm wrong -- is just, you know, we would suggest
that you tell all of your people they need to have a permit and they
need to comply with these things. This is our suggestion. We're not
demanding it, and nobody's arresting them and nobody's going to
check on them or anything. We're giving them an outline for what we
would expect them to run on their -- in their business; am I right?
MR. CASALANGUIDA: That's the gist of it. It would be a
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notice on the permit that you're subject to make sure your vendors
know that you're subject to Department of Food Safety and
Agricultural requirements, and that's it. It's notice on the permit.
CHAIRMAN FIALA: Okay. Just that simple.
COMMISSIONER HILLER: I almost think -- I don't know if
that's enough. I mean, I don't think that we have an obligation to
require him to give us that proof, which is why you have an attestation.
But I don't think it's sufficient to merely say, you know, you're on
notice. You have to be in compliance with the Building Code. I mean,
doesn't -- what do we do with the building permits?
MR. CASALANGUIDA: Ma'am, on a permit, your license in
itself means you're going to submit everything in compliance with the
Building Code.
COMMISSIONER HILLER: Well, don't they have to have
licenses, too, to do this?
MR. CASALANGUIDA: No, ma'am, not a license in the sense
that you think of a license. They're just pulling a permit as the
property owner. So an attestation might be hard, but --
COMMISSIONER HILLER: Someone who prepares food
doesn't have to have some sort of license to prepare food to sell
commercially?
MR. CASALANGUIDA: They do, they do commercially, but
we're not checking that, and basically we're saying he's not going to
either. He's just going to notify his vendors on the property that, I have
a permit, and you're responsible to comply with DACS and food safety
requirements, and we're just noticing that on the permit.
COMMISSIONER HENNING: I can support that.
COMMISSIONER HILLER: Jeff, can you help out?
CHAIRMAN FIALA: Okay. Would you like to make a motion?
COMMISSIONER HILLER: Can I finish? I'd like to --
COMMISSIONER HENNING: I'll make a motion that we
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approve the amendments and ask staff on the application to provide
information to the applicant that state and federal health guidelines
may apply.
MS. CILEK: We'd be happy to do that.
COMMISSIONER HILLER: Can I -- I'd like a discussion on the
motion, please.
COMMISSIONER TAYLOR: Second.
CHAIRMAN FIALA: You second?
COMMISSIONER TAYLOR: Yeah.
COMMISSIONER HILLER: Discussion on the motion, please.
CHAIRMAN FIALA: Huh?
COMMISSIONER HILLER: Discussion on the motion.
CHAIRMAN FIALA: Yes.
COMMISSIONER HILLER: County Attorney, what do you
say? Is notice enough, or do we need an attestation that they will
comply?
MR. KLATZKOW: You don't have to regulate this at all, so
whatever you want to do, it's up to you.
COMMISSIONER HILLER: Okay.
MR. KLATZKOW: It's like the taxes when you decided just to
get out of the business. It's whatever you want.
COMMISSIONER HILLER: I mean, if we don't have to regulate
at all, then why do anything?
MR. CASALANGUIDA: You need a permit for the --
COMMISSIONER HILLER: No. With the permit, yes, but I'm
talking about whether notice or attestation. Why even put the notice
on there? I mean, they know that they have to do that.
COMMISSIONER NANCE: Maybe not.
MR. CASALANGUIDA: That's your call.
COMMISSIONER HILLER: I would prefer nothing if we're
going to go that route. I mean, either an attestation -- I mean, if-- from
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one end to the other. I mean, if we're --
COMMISSIONER TAYLOR: We've got a motion on the floor,
though. Maybe we can vote on it.
CHAIRMAN FIALA: Okay. All in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: (No verbal response.)
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
MR. PAGE: Commissioners, have a great vacation. Thank you.
CHAIRMAN FIALA: I guess that's a 5-0.
COMMISSIONER NANCE: Okay. Madam Chair, are we going
to approve these bullet point by bullet point, or how are we going to
tackle this executive summary? This is a pretty ambitious thing. It's
got five different --
CHAIRMAN FIALA: Are we on 9A?
COMMISSIONER NANCE: Yes, ma'am -- no, 9B. It's got five
different elements and bullet points under each one of them. So so far
we've -- to my recollection, we've voted on two bullet points out of
about 10.
MR. CASALANGUIDA: In the past, if you have no objections,
Commissioners, you just go down the list and, you know, in a bucket
of all of them. If there's --
CHAIRMAN FIALA: We tackled the two biggest ones. Yes.
COMMISSIONER HENNING: I have some comments on that --
CHAIRMAN FIALA: Sure.
COMMISSIONER HENNING: -- on the remainder of it. Well,
one comment and some objections.
The comment I have is the Immokalee Main Street allowing for
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some previously allowed uses through a conditional use. And I want
to read, to address concerns, the CRA staff identified options to
stimulate commercial development and present them to the Immokalee
local redevelopment board, which approved this unanimously;
however, when you put restrictions on, like conditional use, it's not
really a stimulant. It's allowing but through a different process. It's a
costly process, a conditional use.
So I hope it works. I'd rather see it just be put in as a right, but
this was originated from Immokalee, so I'm going to approve it.
CHAIRMAN FIALA: Okay.
COMMISSIONER HENNING: The next thing is -- sorry -- the
parking requirements for central mail delivery. I lived in a community
that had a box for mail delivery. There wasn't a gang of people driving
there to park and get their mail. They stopped and got their mail.
I don't see the need for this amendment, and I can't support it.
I know that some communities provide parking, but it's not a
place where you're going to hang out and have a cup of coffee -- park
and have a cup of coffee. You're there to get your mail. You leave.
I just think it's too onerous on communities that have central
mailing.
CHAIRMAN FIALA: Commissioner Henning, do you want a
mint?
COMMISSIONER HENNING: No, I'm just trying to get rid of a
cold, and it comes and goes.
CHAIRMAN FIALA: Pardon me?
COMMISSIONER HENNING: I say it just comes and goes.
Let me see on this other one. That's all I have.
CHAIRMAN FIALA: Next is Commissioner Nance.
COMMISSIONER NANCE: Yes. Commissioner Henning, I
think the conditional uses there were items that, for some and varied
reasons, were established as prohibited use, and I think perhaps
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everybody thought that going from a prohibited use to a use by right
was maybe too aggressive a jump. I'm not sure that's the case either,
but I think everybody arrived at this as a compromise everybody
supported at the end of the day.
COMMISSIONER HENNING: Well, the -- actually, there was --
it was permitted at one time through the zoning regulation, and then
they had an overlay over the Main Street. It's the Main Street overlay.
COMMISSIONER NANCE: Yes, sir.
COMMISSIONER HENNING: And that overlay had
prohibitions in it, but the zoning provided for -- like a C4 zoning
allowed for gas station. Gas stations are not allowed on the Main
Street overlay.
So they had that right; it was taken away by the overlay. Now
some of it's being put back by a conditional use. I'm just saying the
conditional use is somewhat onerous, but I'm going to support this
particular amendment.
COMMISSIONER NANCE: Okay. Me, too. I had no comment
on the centralized mail delivery locations. I defer to the other
Commissioners because my district doesn't have such a thing. So I'll
let you comment on that, and I will support the majority of the Board.
CHAIRMAN FIALA: Commissioner Taylor?
COMMISSIONER TAYLOR: As far as the conditional use, you
know, I can respect the issue of it was there, it was taken away, they
have it by right. But in cases, for instance, of a tire changing place
with the noise and whatnot, you know, there's certain things that when
you're trying to develop a neighborhood probably shouldn't be there, or
if they're there, they have to do it quietly or whatever however, so...
But the question I have about the centralized mail delivery, do we
have to enforce the standards of the United States postal delivery
service in new developments? Are we required to?
MS. CILEK: Well, one way to look at it is that we received
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notification from the USPS that they would no longer be serving
individual mail for a single home or, you know, individual mailboxes,
so they are requiring that developers install the centralized mail kiosks.
And in order to provide a safe location for a mail person to deliver mail
and for a resident to pick up mail, we're identifying some parking
standards.
Now, there are some exceptions when that mail kiosk is located at
a community center and there's no need for additional parking. We're
recommending two spots for, like, the average development, and when
it's very small -- I think it's 16. I can look it up -- then there would be
no required parking, because people would likely walk to get their
mail.
COMMISSIONER TAYLOR: Okay.
COMMISSIONER NANCE: So, ma'am, what you're telling me
is you're trying to establish standards for newly instituted mail delivery
system.
MS. CILEK: Yes.
COMMISSIONER NANCE: Okay.
COMMISSIONER TAYLOR: But not required by the U.S.
COMMISSIONER HENNING: No, it's not required by the
postal service to have parking --
COMMISSIONER TAYLOR: Okay.
COMMISSIONER HENNING: -- or a bench, lighting, or
anything like that.
MS. CILEK: Correct. The USPS is not requiring parking or the
additional standards, but they are only allowing developers to install
the kiosks. And as a proactive measure to ensure that these work and
are functional for residents, we are suggesting to the Board that we
institute minimal standards regarding parking.
COMMISSIONER NANCE: So, Commissioner Henning, you're
saying don't worry about it; let the developers deal with the standards
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that they wanted for their community?
COMMISSIONER HENNING: I don't think it's necessary. I'm
telling you, I lived in a community -- there's people that are out and
about and they stop by their mailbox to get the mail with their car.
They're only there for less than a minute. A lot of people walk to the
mailbox and open it up. So, you know, it's -- whether they drive or
walk --
COMMISSIONER NANCE: We'll let the community do it.
COMMISSIONER HENNING: -- they're not going to be there --
they're not going to be there that long.
COMMISSIONER NANCE: So let the communities deal with it
COMMISSIONER HENNING: Right.
COMMISSIONER NANCE: -- and we don't deal with it.
COMMISSIONER HENNING: And some have. Some have put
parking in there.
MS. CILEK: From our research some have and some have not,
just so you're aware.
COMMISSIONER HENNING: Until somebody gets run over.
COMMISSIONER TAYLOR: That's the run-over test?
MS. CILEK: I think we're trying to prevent that scenario. And it
really is a health/safety issue. That's how we looked at it.
COMMISSIONER HENNING: How many -- all right. In the
national -- in the nation, how many people have gotten hurt at these
centralized kiosks?
MS. CILEK: I don't have that information off the top of my head.
I would be happy to provide that to you at a later date.
COMMISSIONER HENNING: Well, there must be a basis for
this. You're saying health.
COMMISSIONER NANCE: I'm sure somebody in Collier
County got run over.
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COMMISSIONER HENNING: Where's the health issue?
MS. CILEK: I don't have those -- I mean, we're trying to prevent
any type of congestion at the parking site when the mail delivery
person is there and numerous people are trying to pull up with minimal
parking standards.
COMMISSIONER HENNING: Okay. So where's the data on
congestion at these centralized kiosks?
MS. CILEK: I don't have that with me.
COMMISSIONER HENNING: All right. I don't think it's
necessary.
COMMISSIONER HILLER: Do you have it?
MS. CILEK: We do have some information about, you know,
situations that occur at kiosks. We did research that. I don't have it,
you know, in my head.
COMMISSIONER TAYLOR: What kind of situations? I'm
fascinated. Is it romance or is it --
MS. CILEK: That would be an excellent thing to share with you.
I don't have information on that.
COMMISSIONER NANCE: I could have used a fast-moving
mail truck myself earlier this morning.
MS. CILEK: We're simply trying to, you know, help provide a
safe environment.
CHAIRMAN FIALA: Okay. Commissioner Hiller?
COMMISSIONER HILLER: Mr. Wilkison, can you come up?
What was the basis of this?
MR. WILKISON: Yes. For the record, David Wilkison, Growth
Management Department head.
Yeah, these -- what happened was back probably earlier 2015
when I was a consultant, I first encountered this at Treviso Bay, one of
the developments that I worked on, and it was the first time we had
seen at a plan development the request that, you know, we're no longer
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going to provide mail delivery to individual homes.
So we were going very fast. The development was moving along
very quickly. And so we designed a mail kiosk. And we used to joke
about it. It was incredible the amount of time that was spent to try to
figure out what the parking was, you know, where to place it. We had
to amend the Site Development Plan. But it had to be done, obviously,
because the postal service said no more individual delivery.
So I think, you know, as you've seen, Commissioner Henning, a
lot of the communities have kind of come up with their own,
obviously, design standards for these particular mail kiosks.
And I think, if I remember correctly -- and it probably predates
me here at the county, that this was vetted by DSAC and, obviously,
by the Planning Commission, and a lot of discussion and thought put
into it.
And I can tell you that as a consultant it also -- some of the
developers, if there would have been some standards, it would have
made life easier, without a doubt.
COMMISSIONER HILLER: Have you looked at other
communities to see what the standards are in other communities? I'm
sure this is being faced by all the big communities all around the state
since the postal service is doing it to one and all.
MS. CILEK: Yes. It is our general practice to look at what other
communities are doing. Again, I don't have that backup information
right here with me, but I would be happy to provide that to you.
COMMISSIONER HILLER: We don't need the backup
information. I would like you to share with me what your conclusion
was based on your review of that material.
MS. CILEK: Our conclusion is that this also -- based on what
other communities are doing and based on what is occurring in Collier
County, this will fit into what developers are already providing. We
didn't want to make it any more onerous on them than what they were
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already showing through their SDPs. So we worked with staff to see
what they're already doing and kind of fit it in there and --
COMMISSIONER HILLER: I understand, and that's a nice way
to develop, you know, a standard. But my question is, are other
communities putting this in their Land Development Code as a
uniform standard?
MS. CILEK: My memory is that they are, yes; however, this is a
new standard from the USPS. This was just a couple years ago that
they're doing this. So I don't know how many other communities have
brought their codes up to be proactive about this as well.
COMMISSIONER HILLER: So why not --
MS. CILEK: Parking for mail kiosks is, you know, a common
development standard.
COMMISSIONER HILLER: So maybe it's just premature.
Maybe we wait and see if any regulation is needed.
COMMISSIONER HENNING: Commissioner Fiala, just one
question for David.
CHAIRMAN FIALA: Yes.
MR. WILKISON: Yes, sir.
COMMISSIONER HENNING: You referred to Treviso Bay
when you were on the private side and trying to develop standards for
these kiosks. Those requests came from county staff to provide the
parking and the other elements within the kiosk?
MR. WILKISON: No. Actually, we, in working with the
developer, came up with the amount of parking we thought would be
necessary in the layout.
COMMISSIONER HENNING: Why did you do that? Was it --
MR. WILKISON: Well, because we knew that they had to
provide a mail kiosk. And in the way that it was laid out within that
particular part of Treviso Bay, it was a significant distance from some
of the development, so we knew that some folks would not walk there.
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So we said, okay, how many parking spaces do we need, how does it
need to be positioned, and how does it need to be lit? How do we do
all these things so that the closest adjacent homeowner is not -- you
know, it's compatible with that particular homeowner also.
COMMISSIONER HENNING: And that's where it makes sense
to do something like that. But this amendment is, you know, a catchall
type thing, because a kiosk -- it might have one central kiosk within a
big development like Treviso Bay. Is that the case with Treviso Bay?
MR. WILKISON: That was the case. That was one of the phases
that they had done, and it was, you know, two or three single-family
pods, there were a couple multifamily pods, so it was kind central for
that particular area.
COMMISSIONER HENNING: It was a big kiosk?
MR. WILKISON: Yes.
COMMISSIONER HENNING: And it probably was -- was it
close to a residential that was going to be built there, a house or a
condo or --
MR. WILKISON: It was fairly close to one of the multifamily
developments, but it wasn't as close to some of the other single-family
pods and the other multifamily pods.
COMMISSIONER HENNING: And, Commissioners, I think it
makes sense to provide some of those elements to where you have a
big community and you're having only -- only one or maybe two, and
where it provides parking that doesn't interfere with the neighboring
property.
But this amendment doesn't. It's one that fits all. So if you have
-- if you have, let's say, a 12-unit and you have centralized, you can
provide parking. It just doesn't make sense. I mean, on a bigger scale,
yeah, it makes sense.
MR. WILKISON: No. This does provide that 16 or less
households there is a parking exemption.
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COMMISSIONER HENNING: Well, 16 is --
MR. WILKISON: Yeah. So, I mean, you could put a chicane in
or something like that so you could just pull over and pick up.
COMMISSIONER HENNING: I mean, a 16-unit could be
probably three acres of property.
MR. WILKISON: Could be.
COMMISSIONER HENNING: Yeah. Three acres is nothing.
But you get like a Treviso Bay where you have a large one, it does
make sense. But it needs a little more thought. That's all my
comments.
MS. CILEK: We'd be happy to look at the exception regarding
the 16 or fewer postal addresses. May be we can address that number.
It is also important to note that mail delivery, mailmen, are coming to
these sites to deliver their mail, and they are there for an extended
amount of time. You know, it takes a while to get through 90 units and
put all the mail into the boxes.
So we wanted to make sure that we provided a place for them that
is safe, and as well as for another person to obtain their mail at that
time.
COMMISSIONER HENNING: I would suggest you go to places
like Sapphire Lakes, which I'm familiar with. They have them all over
the community.
MS. CILEK: So we did talk to the postal service about that, and
that is actually phasing out. They are looking to do more of the
consolidated kiosks. They're not going to be permitting them to be
located throughout the community. I'm very familiar with that, but that
is being phased out, and they're going to be centrally located moving
forward.
COMMISSIONER HENNING: Are they going to just take them
away?
MS. CILEK: No. They're being located in one spot and not
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throughout the community.
COMMISSIONER HENNING: Well, lets say Sapphire Lakes
where you have several of them all around it --
MR. CASALANGUIDA: Not retroactive.
COMMISSIONER HENNING: -- are they going to be taking
those out in the future?
MS. CILEK: Oh, no. This will only apply to new future
developments.
CHAIRMAN FIALA: Commissioner Nance?
COMMISSIONER NANCE: Yeah. I -- to me, everything
considered, you know, these new communities provide so many other
services, I think we ought to just leave this fight between the United
States Postal Service and them, because I think before long, if this is
the way of the future, that the federal government will certainly come
up with standards that they will tell what is expected if they want mail
delivery in their community.
So I don't see why we should engage staff and cost and
everything else to start review mailboxes. I just don't think it's got the
-- I think we need to get away from that sort of stuff, let the folks that
deal with the mail deal with it and let these developers deal with it the
way they deal with everything else.
They certainly provide a whole host of services. They're capable
of doing it. I'm sure they'll do a great job.
COMMISSIONER HENNING: I make a motion to approve the
remainder of 9B except for the postal kiosk.
COMMISSIONER NANCE: Second.
CHAIRMAN FIALA: Commissioner Hiller?
COMMISSIONER HILLER: Most of the larger communities
now are putting the mailboxes inside their clubhouse, and those
clubhouses already have parking necessary to accommodate the traffic
that uses the clubhouse. So I'm really not sure, since, you know, the
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focus is on larger communities and, you know, the volume of mail and
the distance traveled between homes and the mailbox that we really
need this.
MS. CILEK: And this does acknowledge that situation in which
the mailboxes are located at the clubhouses.
COMMISSIONER HILLER: That's what the majority are now.
Like, I mean, you can look at Village Walk, Island Walk. You know,
all the major new larger communities have that. So my point is, I'm
really not sure why we're doing this.
CHAIRMAN FIALA: So, Commissioner Henning, then, in
keeping with what Commissioner Hiller just said, is your motion to
approve everything but this?
COMMISSIONER HENNING: Yes, that was my motion.
COMMISSIONER NANCE: And that's my second.
CHAIRMAN FIALA: Okay. Fine. So we've already approved
two others.
COMMISSIONER HILLER: And that's my third.
CHAIRMAN FIALA: Now we've got all the rest except the
mailboxes on this motion. We have a motion and a second. Any
further comments?
(No response.)
CHAIRMAN FIALA: All in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: (No verbal response.)
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: 5-0.
MS. CILEK: Thank you.
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Item #9A
ORDINANCE 2016-22: AN ORDINANCE AMENDING
ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER
COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES
THE COMPREHENSIVE LAND REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA,
TO MAKE COMPREHENSIVE CHANGES TO
ARCHITECTURAL AND SITE DESIGN STANDARDS, MORE
SPECIFICALLY BY AMENDING CHAPTER TWO - ZONING
DISTRICTS AND USES; CHAPTER FOUR - SITE DESIGN AND
DEVELOPMENT STANDARDS; CHAPTER FIVE -
SUPPLEMENTAL STANDARDS, CHAPTER SIX -
INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE
PUBLIC FACILITIES REQUIREMENTS, CHAPTER TEN -
APPLICATION, REVIEW, AND DECISION-MAKING
PROCEDURES, AND AS FURTHER DESCRIBED IN THE
ATTACHED AMENDMENTS - ADOPTED W/CHANGES;
MOTION TO CREATE ANOTHER COMMITTEE TO REVIEW
REDEVELOPMENT PLANS AND PREPARE ON A FUTURE
EXECUTIVE SUMMARY — APPROVED
MR. OCHS: Commissioners, that takes us to 9A. This is also a
recommendation to consider an ordinance amending your Land
Development Code. It's with respect to architectural and site design
standards.
MR. FRANTZ: Good afternoon. My name is Jeremy Frantz. I'm
a senior planner with the Growth Management Department's
development and review division.
I'm just going to briefly introduce the amendment before you-all
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begin your discussion. This amendment is the product of a
two-and-a-half-year initiative that began when the Board created the
Architectural and Site Design Standards Ad Hoc Committee.
The committee was created with the purpose of making a
recommendation to the Board for updates and revisions to the
architectural standards in the LDC.
The committee that was appointed included a number of
members, one of whom is here today, and I'll ask him to stand and be
recognized, Chairman Rocco Costa; Dominick Amico, Jim Boughton,
Kathy Curatolo, Dalas Disney, and Brad Schiffer.
And staff would like to express our sincere gratitude for the
tireless effort that this committee put into this proposed amendment
over the course of the two-and-a-half-year initiative.
In addition to the committee's work, the amendment also includes
a number of public comments, and the committee also worked very
closely with the Planning Commission and incorporated many of their
comments over six Planning Commission meetings.
So with that, we have a committee member here and staff
available to answer any questions that you might have about the
amendment.
COMMISSIONER NANCE: I'm going to make a motion to
approve to move this item into serious discussion and move it forward.
CHAIRMAN FIALA: In serious discussion?
COMMISSIONER NANCE: Yes. I want to make a motion to
approve.
CHAIRMAN FIALA: Oh, to approve, period.
COMMISSIONER NANCE: Yes.
CHAIRMAN FIALA: All right. Do we hear a second?
(No response.)
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: Is the recommendations to
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approve this amendment with the county Planning Commission's
recommendations?
COMMISSIONER TAYLOR: Some are, some aren't.
MR. FRANTZ: That's the version of the amendment that we've
put forward that was included in your packet, the provisions that the
Planning Commission recommended approval on.
COMMISSIONER HENNING: Okay. Then I'll second
Commissioner Nance's --
COMMISSIONER TAYLOR: Oh, oh, gentlemen.
CHAIRMAN FIALA: Well, we still have other comments, so...
Commissioner Taylor?
COMMISSIONER TAYLOR: Okay. So here we go. And I
thank you very much for the answers to my questions, but I just have a
question. Are architectural standards only cosmetic?
MR. FRANTZ: I don't think so in the way that it sounds like
you're asking. There are some standards, such as variation in massing,
that actually determine, you know, the shape of the building.
COMMISSIONER TAYLOR: So you've exempted in your -- in
these -- exempted interior courtyards of buildings, and you used
Waterside as an example.
If it's cosmetic, I get it. If it's not just cosmetic, then why would
you exempt them?
MR. FRANTZ: Well, actually, I might defer to our committee
member to discuss that specific example.
COMMISSIONER TAYLOR: Okay.
CHAIRMAN FIALA: Somebody is rising to the occasion.
MR. COSTA: For the record, Rocco Costa.
The reason that we felt that the interior courtyard shouldn't be
included was the fact that it wasn't viewed by the public on -- based on
the initial elements of being viewed by arterial collector roads. It was
internalized and, therefore, didn't affect the general public from
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outside.
COMMISSIONER TAYLOR: But if it's more than cosmetic, it
would. You know, it could be a safety issue; it could be a design issue
that would affect the outside. Now, I mean, I'm -- I was trying to think
this thing through. Did interior courtyards ever fall under architectural
standards before?
MR. COSTA: Originally, no. It was incorporated, I think, at a
later point in time.
COMMISSIONER TAYLOR: So it's -- that's what I mean. It
was, and so now you're saying, let's exempt them again. It wasn't, it
was, and then you're going back to what it was before; is that right?
MR. COSTA: Correct. And initially the entire code was to
address big box.
COMMISSIONER TAYLOR: Right.
MR. COSTA: Initially.
COMMISSIONER TAYLOR: That's what I'm thinking about.
MR. COSTA: And then it became more and more involved to
include pretty much all buildings that are designed. And we felt that
interior courtyards, your elements that were internalized shouldn't be
subject to the code.
COMMISSIONER TAYLOR: So I may be -- maybe I'm
incorrect, because when I think of Waterside, and that was your
example, the interior courtyards, I'm thinking about these long alleys
that you walk down with stores on either side. Is that considered an
interior courtyard?
MR. COSTA: Correct.
COMMISSIONER TAYLOR: Oh, I -- well, I disagree with
exempting architectural standards for interior courtyards if it's more
than cosmetic. It will affect everything. You almost bifurcate -- are
you an -- I'm sorry. Are you an architect?
MR. COSTA: Yes, I am.
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COMMISSIONER TAYLOR: So you're bifurcating a building.
One side is this side; the other side is that.
MR. COSTA: Correct. But you get into the position where,
where do you stop. You know, you have a building, a big box or any
building that's internal to a site, the rear of the building, why should the
rear of the building be brought up to a high standard when most of the
functions are service?
COMMISSIONER TAYLOR: Because it may overlook on a
neighborhood, as it's going to do over here at the -- right across here,
over there. It may look at a neighborhood.
MR. COSTA: Correct.
COMMISSIONER TAYLOR: So that's why you want to bring it
up to standards, because it's going to look -- the neighbors are going to
be right over a hedge row looking at the back of a big-box building.
And if you want to see how bad it looks, look at what it's now. But
now Sam's is going in.
And, you know, ideally you're going to make it attractive. I guess
my issue is that we are now becoming very urban, especially in
Commissioner Fiala's and in my district, and even in parts of
Commissioner Hiller's district. It's urban. It's not suburban anymore.
And when you have that, you have to be cognizant of what's around so
that it complements the area; it doesn't interfere or go up against the
area. So that's why I'm saying that I -- I can't support it. I don't know
about everybody here, but I can't support it.
COMMISSIONER HENNING: Well, that's why you have --
that's why you have landscaping buffers between -- and walls. Like
commercial, you have to have a wall in between commercial and
residential and, on top of that, you need to have a landscape buffer.
That's the compatibility issue.
The whole architectural standards was developed back in the '90s
because of the Target facing its rear end towards the road and nothing
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there to buffer that massing of the building. That's the whole purpose,
you know, of it.
And now it has seen itself in our industrial development. You
have -- you've got to have architectural standards in industrial, and that
isn't what the land use was ever meant to be, and not in industrial. It
was always supposed to be like on our major roadways, and it's just
gotten too far.
So I like what the committee has done. My buffer with this
amendment is the Planning Commission, is they -- I mean, they looked
at this in more detail, and it is, okay, where is it -- how does this
overreach on what our community standards -- what we want.
So that's my question; why? Are we approving the Planning
Commission's recommendations or the committee's recommendations,
and that's why I made that motion or second to the motion.
I understand your concerns --
COMMISSIONER TAYLOR: Okay.
COMMISSIONER HENNING: -- but there's different elements
of the Land Development Code to protect that issue.
And the thing with the courtyard and the Waterside Shops, what
would they have if they -- I mean, I don't think that was a requirement
of our Land Development Code. I think that was what they wanted.
They wanted that outside meandering.
COMMISSIONER TAYLOR: Right. No, it's beautiful. There's
nothing wrong with it. I just -- I needed to understand exactly what
we're talking about. And, you know, not everyone will be as talented
in future developments as they are at Waterside to do --
COMMISSIONER HENNING: It depends on what you want to
attract.
COMMISSIONER TAYLOR: Well --
COMMISSIONER HENNING: I mean, if you're a Walmart,
you're not going to put in --
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COMMISSIONER TAYLOR: A Waterside.
COMMISSIONER HENNING: -- a courtyard in between your
McDonald's that are in there, in your Vision Center, and your PC
Mobile cell service. You're not going to have that because it's not what
you're trying to serve. You're not trying to serve or provide an
ambiance. You're trying to get as much as you can --
COMMISSIONER TAYLOR: Okay.
COMMISSIONER HENNING: -- for the customer.
COMMISSIONER TAYLOR: So then I have two -- first of all,
false windows. Uh-uh. I can see it now. I can see it now.
COMMISSIONER HILLER: What?
COMMISSIONER TAYLOR: You know, walls to the street.
We've got windows in there. Oh, they're false windows. It's an easy
fix. That's what -- we went through that in the City of Naples with the
CVS, and you have it as an example in here where they turned their
back to the street because it was easier, less costly, in a downtown
CRA that emphasized pedestrian-friendly streets where you bring the
building out to the street and you walk on the sidewalk, and it's
supposed to facilitate, and it does. And they turned their back. They
brought their building out, but they turned their back to the street and
had the entrance on the parking lot.
And so the solution was to put two false windows there, and that's
what they are. They'll never change.
So I don't know how we mold this, and I respect Mr.
Casalanguida. We've had this discussion, because he's gone through a
couple of issues with developers trying to change their buildings and
infill where they're trying to work with the code, and they don't want to
spend the money if they have to put a window. But somehow we have
to address not carte blanche giving every developer the opportunity to
put false windows, because I think in some cases they'll be -- they
won't use them the right way.
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MR. FRANTZ: Okay. So one thing that I can note is that,
although false windows are proposed to be allowed, they would not be
used to meet the required minimum amount of windows. So even if
false windows are used on a building, you would still need to see the
same amount of glazing on that facade.
COMMISSIONER TAYLOR: But the building could turn their
back to the street. You know, I mean, I'm just saying. They could
repeat what I saw with CVS if there's no prohibition.
So it was a little bit too easy for me, easy solution, so I can't -- I
think we need to support it another way.
And the other issue is -- and because it's a countywide -- and I can
see it perhaps in some parts of Immokalee. I can see it in, perhaps,
parts of Golden Gate. But when you're trying to encourage people to
walk on streets, you move the buildings to the street, especially the
retail, and the parking is behind.
And what you're asking for here is an increase in the parking in
front of the building from 50 to 80 percent, I think that's what it is. I
think it's the wrong way to go. In some areas it's fine, but certainly on
Bayshore, that would be -- oh, my gosh. Can you imagine a sea of
parking in front of buildings? It would not work.
And the concept that no one's going to know to park in the back
kind of falls on its face because, frankly, people figure out where to
park pretty easily.
So I don't know how we mold this so it's not countywide or their
-- if they can, indeed, request it, but as we start to retrofit and infill,
what we need to -- in the more dense areas, what we need to do is
encourage people to be on the street, and you're not going to do it if
they have a sea of cars beside them.
CHAIRMAN FIALA: Okay.
COMMISSIONER TAYLOR: Again, we have some time, right?
Do we have some time to mold that and maybe not throw the whole
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thing out, or how do we --
MR. CASALANGUIDA: Well, this is your first hearing, ma'am.
So if your two concerns are the spandrel glass or the false windows
and the parking, maybe your direction is to approve it to move forward
to the next hearing but bring back examples of where false windows
would be used and how they would be used and examples of parking
to clarify before your final approval.
COMMISSIONER TAYLOR: Okay. I'm really okay with that.
That -- I'm very comfortable. Okay. So I'm done.
CHAIRMAN FIALA: Okay. Next we have Commissioner
Henning.
COMMISSIONER HENNING: I'm done.
CHAIRMAN FIALA: Okay. Commissioner Nance?
COMMISSIONER NANCE: Yes. I just want to say that I think
the Planning Commission does a very, very thorough job with
compatibility issues. They've had six separate public hearings on this,
and I am very comfortable speaking with staff with their conclusions.
I will tell you that we need to be very careful with some of these
architectural standards, that we build buildings that also serve the
purpose for which they're intended.
I'll give you an example of one in Ave Maria where they tried to
build a convenience store, and the convenience store was on Ave
Maria -- fronted on Ave Maria Boulevard, but there was also a
frontage road in back of in. And our architectural standards required
windows completely around this building.
It was so onerous that the people trying to operate a convenience
store had no place to put their food equipment. It was so bad that they
didn't even have a wall that they could mount the electronic panel on.
It's the only building I've ever seen that has an electronic panel on a
free-standing column out in the middle of the yard, because they were
trying to meet architectural standards.
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It's the most ridiculous-looking building and dysfunctional
building I've ever seen. And everybody there told me, well, this is the
only way we could comply with architectural standards.
So we need to make sure that we don't -- you know, it's not better
to look good than feel good all the time. You know, we have to have
things that work. There are reasons to do things, and we need to
provide enough flexibility so that people can also produce -- you
know, build buildings that do what the hope is.
There's a lot of other ways to address a pleasant environment
other than requiring people, in my view, to have a certain number of
windows in a certain place. I just think there are things we can do to
kind of be a little more practical.
COMMISSIONER TAYLOR: Maybe let a window be a window
but maybe not as many, and we can --
MR. CASALANGUIDA: Well, Commissioners, just to make
sure I clarify. This only requires one hearing, but it could certainly be
brought back in September with the other ones that require two. This
doesn't have to be heard a second time.
So, Commissioner Taylor, if your motion maker will --
COMMISSIONER TAYLOR: If we could, I mean, I'm really
okay. I would like to. I really would like to hear it again.
MR. CASALANGUIDA: It's the pleasure of the Board.
COMMISSIONER TAYLOR: I'm fine with that.
CHAIRMAN FIALA: Is everybody done? I know -- are you
finished here?
COMMISSIONER TAYLOR: I think Commissioner Hiller was
before me, and then I'm going -- you know what? This is all I wanted
to say. This is such a fabulous book. You did such a great job with
this, and thank you so much for it.
MR. FRANTZ: Thank you.
COMMISSIONER NANCE: It's very carefully considered.
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CHAIRMAN FIALA: I, too, want to say something. Do you
want to --
COMMISSIONER HILLER: Yeah. The issue of windows also
goes to the cost of supporting the building. I mean, the more windows
you have down here -- and I understand you can insulate the windows
with, you know, dark film to minimize the heat coming in, but it still
has an impact. And, you know, we are in Florida, where it's very hot.
The sun is out, you know, all day long.
So, you know, I think we have to look at these windows from a
practical standpoint. And then on top of that, now because of
hurricanes, you know, we have standards -- well, we've always had the
hurricanes, but we have standards that make it expensive to have a lot
of windows. I mean, you've got the -- you know, the cost of the impact
glass or some alternative means of protecting the windows from, you
know, flying debris that further adds to the cost of the building.
So while I appreciate, you know, the importance of aesthetics,
artificial -- or fake windows, design windows, however you'd like to
label them, are not such a bad thing. And there has to be a balance
between, you know, the desire to be aesthetically sensitive and the cost
to provide those aesthetics, which can be very high.
And, you know, we're constantly talking about, you know, the
affordability of real estate here in Collier County and, yet, we're setting
standards -- and I understand that these are commercial, but
nonetheless, it's just the overall concept that, you know, we're looking
-- we're making -- we're imposing regulations making it more and
more expensive to build.
And I strongly believe in aesthetics. I think it's very, very
important, but there has to be a balance. And those are two examples
of situations that have to be considered as you're contemplating the
design, which is why I think, you know, your advisory boards are
looking at these issues from those perspectives as well, you know.
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CHAIRMAN FIALA: Okay.
COMMISSIONER HILLER: I'm assuming you did, right?
MR. FRANTZ: Yes.
COMMISSIONER HILLER: Did you consider all that?
MR. FRANTZ: Yeah. That's exactly the kinds of discussions
that the committee had when they were considering some of those
design standards.
COMMISSIONER HILLER: And those are the proper
discussions to be had, so...
A lot of these artificial windows can be designed, you know, very
tastefully, so...
COMMISSIONER TAYLOR: They're artificial.
CHAIRMAN FIALA: Okay. Now I'd like to ask a couple things
and add a couple things or maybe just add them to the next round of
this. And I'm glad we're going to be bringing it back. I think it does
need a little more suggestions and comments on it.
There were some great items in here and things that we probably
needed to address and haven't for a while.
COMMISSIONER NANCE: Ma'am, we've got a motion to
approve and a second.
CHAIRMAN FIALA: I know. I'm just telling you what I'm
dealing with now.
COMMISSIONER NANCE: Okay. All right. Sony.
CHAIRMAN FIALA: And the motion to approve and second
maybe -- I don't know.
Anyway, along here on the second page, it talked about exempt
the following architectural standards, and then it talks about historic
buildings. Can anybody define historic building?
COMMISSIONER HENNING: Old.
MR. FRANTZ: Sure. So the reference that is made in that
section is pointing to LDC 2.03.07 E 1, which is where we define the
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criteria for how a building becomes a historic building, and that
includes a recommendation from the -- sorry. I'm looking at this
section now.
It's a recommendation from the Historic Preservation Board and a
final approval by the board, by the BCC.
CHAIRMAN FIALA: I see. It goes before the Historic --
MR. FRANTZ: Right. And when the Historic Preservation
Board considers those buildings, they do have a list of criteria that they
consider.
CHAIRMAN FIALA: Okay. Do they consider, like, for
instance, if the house was built a long, long, long time ago but now it's
moved to a different location into a different neighborhood altogether,
is it still considered a historic house, or is it now -- in a new location is
it -- and been upgraded or improved, what is it then?
MR. FRANTZ: Yes, it's still a historical building.
CHAIRMAN FIALA: Okay. That's good. That's an important
thing to me, because we've got a few buildings here. I didn't even
know right down on Frederick Street -- excuse me for wandering with
this one. Just down on Frederick Street there's a house that was built in
Copeland. They moved that house from Copeland many, many -- in
1925 over to Frederick Street and then completely upgraded and
improved it, and it's a darling historic cottage right there by the
Racetrac that's supposed to be built.
Okay. The second thing is trees in parking lots. And I was
wondering if there was some way -- if we do bring this back at our
meeting in September or something -- trees in parking lots are great.
No -- no merchant in a parking area who's -- rather, who's located in
the shopping center ever wants a tree in there. They want it to be flat
so everybody can see their sign.
Although, I don't know how many people are going to just stop
by a shopping center to -- because the jewelry sign is up or, you know,
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because there's an egg sign up. They're going to stop there because
they're heading for that shopping center, but neither here nor there;
taking into consideration that they want them anyway.
The first thing -- and I would guess that most everybody sitting in
this audience will say the same thing, first thing you do is you head for
the trees so that you get the shade because it's way too hot to park in
the sun.
I was wondering if there's a way -- maybe architects would know
better; I certainly don't know -- if there's some kind of trees that we
could investigate that would belong in parking lots that would be
maybe -- maybe eight feet tall or 10 feet tall but never get any taller
but spread out instead so you have a canopy that could protect the cars
and yet still -- and so accomplish some shade and yet not block out the
signs. I don't know. I'm just throwing that on the --
COMMISSIONER HENNING: An orange tree.
CHAIRMAN FIALA: Well, you know what, that wouldn't be too
bad.
COMMISSIONER HENNING: I think we ought to put fruit
trees in our Land Development Code.
CHAIRMAN FIALA: Then people will have a little lunch on the
way in, too.
COMMISSIONER HENNING: Or on the way out. They could.
CHAIRMAN FIALA: Yeah. So that's one of the other things I
wanted to ask about. I had a number of other ones.
COMMISSIONER HILLER: Can I comment on the tree issue?
Can I comment on your tree issue before you move on?
CHAIRMAN FIALA: Yeah.
COMMISSIONER HILLER: You know, we had a very detailed
discussion on trees. And I still remember Commissioner Nance
saying, you know, every bush is a tree. You remember when you said
that, and we were talking also about the cypresses, you know, the bald
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cypresses. So --
COMMISSIONER NANCE: Those of you that are follicularly
challenged are sensitive to deciduous trees.
COMMISSIONER HILLER: Absolutely. So we had a detailed
discussion on tree types in parking lots when we had the debate over
the Riverchase parking lot, which was in my district. And
Commissioner Nance brought forward a whole list of trees that we had
identified as the right kind of tree for the lots. So that discussion has
already been brought forward, and I think it may be worthwhile to pull
that -- the set of minutes up and, you know, what was presented by
Commissioner Nance at that time, and give it to Commissioner Fiala
so she can see all the different type of trees that were narrowed as the
right kind of tree --
CHAIRMAN FIALA: That's a great idea.
COMMISSIONER HILLER: -- that would work for parking lots
because it's --
CHAIRMAN FIALA: And maybe we could incorporate that in
here so that as long as we're talking about parking lot trees anyway, we
could suggest --
COMMISSIONER HILLER: Didn't we -- it was already there.
We already put the list of trees in the code.
MS. CILEK: If I may, staff feels that looking at the trees is a
fantastic idea, but we like to approach it through a separate LDC
amendment and put it into the landscaping section. This amendment
before you really deals with architectural standards. And so we would
work with landscaping staff to address --
COMMISSIONER HILLER: But I thought we had already done
that.
MS. CILEK: We will work with staff and take a look at the
minutes and revisit it.
COMMISSIONER HILLER: Yeah. My recollection was we had
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already gone through the list. And I believe when we were looking at
the architectural standards -- because one of the issues was what are
the landscaping standards for parking lots and whether or not we
should be, because one of the regulations that was in place, a
requirement to have anyone that was redoing their parking lot to
update all their landscaping, which was just another onerous, very
costly standard imposed on individuals who were looking to rehab
their commercial buildings.
So I think we need to look at that and make sure we're not
duplicating our efforts or just at least review it and make sure it's still
appropriate for now.
MS. CILEK: Absolutely.
COMMISSIONER HILLER: But it's -- all the work has been
done --
CHAIRMAN FIALA: Okay. Couple more things.
COMMISSIONER HILLER: -- very recently.
CHAIRMAN FIALA: I'm sorry. I'm sorry I had so many things
to add, but I was trying to wait my turn, so thank you for putting up
with me.
False windows. I think in some cases false windows are a
necessity. For instance, if you're building a building that's a
manufacturing building, you just can't adhere to the window business
when you've got big machinery in there, so you want to at least make
the building look appealing, so you would have to go maybe to false
windows. Same with when you talk about the boat storage areas.
They've got four or five stories of boats in there, and, of course, we
have one right down by Bayshore. There they have this big building
but it looks beautiful because they've got a lot of trees and they've got
these false windows that make it look appealing. So I think we have to
use common sense.
A lot of times we adhere so much to the rules that we never use
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common sense. And I think that somehow -- I don't know how that
can play a part in this, but I really think it's a necessity to use common
sense.
COMMISSIONER HILLER: You use it.
CHAIRMAN FIALA: And then next thing is walking traffic.
Now, Commissioner Taylor brought this up, and I have to echo that
because a lot of times we're trying to get people to walk on the streets
and shop in shops. We'll put parking underneath the building or
behind the building or in a parking garage, but we want the people to
walk the streets and we want them to look beautiful and be invited.
Take a look at Fifth Avenue, for instance, and I think that's -- and I'm
hoping to see something like that in the Triangle as well where people
will want to walk over the bridge and shop in some of these cute little
shops that we hope to see coming in front of us. So that's another
thing.
I just -- I just think in many cases we need to look just a little bit
beyond the rules to give a little flexibility, and that is the big word. We
have to have a little bit of flexibility within our code so we can make
some common sense decisions when needed.
I don't think -- and here was something else I talked to Leo and to
Nick about, and that is possibly to be added to the next one unless we
can add it to this one right now. One of them is the C3 zoning. C3
zoning was a great thing back in the '70s, and we zoned everything
accordingly.
C 1 doesn't work very well anymore in neighborhoods when you
put a truck stop that's fit for an interstate in a tiny, little neighborhood,
but yet it's zoned C3. They're following the law.
I think we need to address that, and pretty quickly because --
again, use some common sense. If it's a C3 in a -- you know, it's in an
industrial area, that's great. If it's a C3 and it's a shopping center, that's
great. If it's C3 in a neighborhood, that's not great, because now
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they're putting things in that we never dreamed that would ever happen
in our community.
I think we need to address that. Whether it's here and now and
add this right to it, I think that would be the most important thing,
because we're being hit with it time and time and time again. That's the
C3 zoning.
Also, the architectural standards for companies with certain
identities. Now, I know that when -- if a McDonald's is going to be
building the arches, we already approved that years ago, so they can
build those arches because it is their logo. But there may be a
company coming in that has a certain building style, like a Porsche, for
instance, and they want to build their building just as is identical to --
as Boca Raton, but all of a sudden they're prevented from doing that. I
think we need to have a little flexibility there so that we can address
these things. We're coming into this -- a different era, and we need to
be using our heads, our common sense.
Also, standards for older communities. And then we started to
talk about this before, and we might have covered as much of it as you
want to, but that is with the older communities where we need to relax
some of the rules because there isn't enough room for all the windows
on the buildings and the parking and the landscaping.
So -- now, we've adjusted some of that, but now we're dealing
with all of that stuff again. And I just hope that there's -- if we're -- if
we can't deal with it here, maybe it could be on the very next one that
we've already approved to, you know, add things to.
And, let's see, last ones. Rules that will allow development
regarding parking -- oh, never mind.
Okay. I think I've hit just about every one of those things except
for -- and I don't know if this would go into it or not. You know, we
send out notices to let people know, that 500-foot notice.
MR. CASALANGUIDA: Not applicable to the architectural.
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CHAIRMAN FIALA: Okay. So I need to put that someplace,
because we're getting a lot of people saying nobody ever told us, but
that's because there's a road in between them and something. And then
it's 500 feet, but nobody on the other side of the road knows because
that 500 feet squeaks under the line.
I think there's, again, where we should be using common sense,
and so maybe somehow we can address that because now -- we've got
to think of those taxpayers. They should be considered, too. Before we
build new, they're the ones that are sitting there, and they've paid their
money and they've paid their taxes, and we need to also protect them.
Okay. I think I've added all that I have to add. Is that too much,
then? Like, we've got a motion on the floor and a second to approve
this one.
COMMISSIONER HILLER: Can I make a comment on one of
the points you made?
CHAIRMAN FIALA: Yes. Just a minute. Commissioner Hiller
is first.
COMMISSIONER HILLER: Yeah. Commissioner Fiala made a
point that's very important, and I didn't think of it in the context of
what we were presented with. But you have raised something that I
have experienced, and that is we do have businesses that have
corporate architectural standards that are their branding standards, and,
you know, for example, whether it's -- like, you brought out the car
dealership; Mercedes was going to be one of those had they built in my
district. And I spoke to them at length about that. You know, Honda,
which is building now, has standards as well.
And somehow we have to manage our code to accommodate the
commercial branding in order to be business friendly, because these
architectural standards, you know, assuming that -- the corporate
standards, assuming they're reasonable, shouldn't be denied merely
because we have these very strict regulations that go to architecture.
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So from an economical development standpoint, what
Commissioner Fiala has just said is extremely important and needs to
be --
MR. CASALANGUIDA: Go ahead, ma'am. I was going --
COMMISSIONER HILLER: I think we just need to be very
sensitive to that because, like I said, I've personally experienced it.
And I think you're absolutely right; it is a big, big deal.
So I don't think we need to have a discussion on it. I don't think
you need to provide an answer. I just think that part of the
architectural design is to consider corporate architectural standards in
some fashion that allows these businesses to brand identify.
MS. CILEK: Well, we can certainly address the false windows
and the corporate designs before we come back in September, if I am
hearing you correctly.
COMMISSIONER TAYLOR: But I understand this is only one
reading unless we ask it to come back.
MR. CASALANGUIDA: Yes.
COMMISSIONER TAYLOR: So maybe the motion maker
would modify the motion to allow these concepts to be incorporated
and to come back to us in September.
MS. CILEK: Or we could -- one option would be also to adopt it
today and then revisit each of these and bring back a separate
amendment. We'd be happy to do either.
COMMISSIONER HILLER: What does staff like to do? What's
the preference?
MR. CASALANGUIDA: Well, you've got some folks that
they've expressed are waiting for these amendments to go forward.
COMMISSIONER HENNING: Well, here's the issue is it
already went through the committees, DSAC, Planning Commission.
There's not going to be enough time -- remember, I delayed this
because I didn't get a chance to review it.
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So, you know, we put it off a month, and being that it's summer
recess, there's no way to get our comments back to the advisory boards
for their further input.
The most appropriate way to do that is on a future agenda when
I'm gone. Okay.
CHAIRMAN FIALA: Maybe --
COMMISSIONER HENNING: When I'm not here.
COMMISSIONER TAYLOR: No, we're not waiting that long.
CHAIRMAN FIALA: Maybe if there's somebody here that is --
COMMISSIONER HENNING: Moved on.
CHAIRMAN FIALA: -- waiting for a particular amendment, we
could vote on that one and delay the rest of them a little bit, if there's --
if that's, you know --
MS. CILEK: Well, it's with regard to 5.05.08, the section that
you're reviewing today.
COMMISSIONER TAYLOR: The whole thing?
MS. CILEK: Yes, the whole amendment. But we'd be happy to
address the concerns that we've heard today and come back in
September or in October when we've had time to work with the
Planning Commission on the ideas that you've brought up today as a
separate amendment.
COMMISSIONER NANCE: Let's go with that.
COMMISSIONER TAYLOR: Okay. So we pass it today, and
then you come back and we can modify it?
MS. CILEK: Yes.
CHAIRMAN FIALA: Is that -- can we -- we don't hear it again.
MR. CASALANGUIDA: No, you can modify it after you -- after
today.
CHAIRMAN FIALA: So we can add some of these things, and
they can work on them over the summer?
MR. CASALANGUIDA: Basically what I'm hearing,
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Commissioners, is approve it as submitted today with the comments
you made to ask staff to go back through both the committee, the
advisory board, and the Planning Commission, and then revisit the
comments you made through a follow-up amendment hearing.
COMMISSIONER TAYLOR: And I like that, because somehow
we need to start addressing --
COMMISSIONER HILLER: That's a long time --
COMMISSIONER TAYLOR: -- urban as versus suburban.
MR. CASALANGUIDA: Five months, probably.
THE COURT REPORTER: I've got too many --
CHAIRMAN FIALA: I've got two people talking at the same
time.
COMMISSIONER HENNING: Two women.
COMMISSIONER TAYLOR: Watch it.
CHAIRMAN FIALA: Okay. I don't know who started. I heard
-- I heard Georgia, and then I heard you, but I think you started.
I'm sorry; Commissioner Hiller. I didn't mean to say Georgia.
COMMISSIONER HILLER: That is a very long process. Now,
what that means is that we're adopting something that will be in place
for quite a lengthy period of time, and if it's not something that we
want -- and we're the policy makers. The advisory boards, of course,
vet these things and try to, you know, bring something to us that they
believe makes the most sense but, ultimately, it's the board's
policy-making decision.
So I have some concerns on some of the issues that
Commissioner Fiala raised. I agree with her that on some of those --
like, again, to me the corporate headquarters one is a big deal. So I
don't know, but I just think -- I like Commissioner Fiala's
recommendation.
MR. CASALANGUIDA: Ma'am, on the corporate headquarters
one, that's one of the discussions we've had with the Hearing Examiner
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is that might be more something that's vetted specifically because it's
not something that's -- you can kind of figure out in the code. It's more
site specific with something specific they're asking. It could be a
round building with a certain architectural build in it, and that might be
where that would be more appropriate to be heard.
CHAIRMAN FIALA: If-- and, of course, the one I spoke of
would apply there, but maybe there are others at the same thing that we
might want to discuss so that it covers all types of buildings like that. I
just don't know.
I would feel hesitant about -- I would love to go forward as long
as we could readdress it, you know, but if we can't, if this is going to
be the rule for six or eight months, I don't know how that's going to
work.
MR. OCHS: I think it will be the rule for six months minimum.
So if you're not comfortable with that, I'd suggest you just defer the
whole amendment.
MS. CILEK: Right. Do you want to put two additional numbers
on the record?
COMMISSIONER HILLER: Which part -- who's -- who's
waiting on what? I mean, you have people who, obviously, are
looking to fall on the -- under these new amendments. So who
specifically is waiting and on what issue?
MS. CILEK: I'm not aware of specific applicants; however,
people have been aware that this has been an ongoing process for
around two years, as Jeremy mentioned earlier, so they are anticipating
that the Board is looking at it today.
There are a couple other items we do want to share with you.
MR. McLEAN: Matt McLean, for the record. I'm the manager
of the development review division.
We actually have two or three projects right now that are actively
waiting on this particular amendment.
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COMMISSIONER HILLER: What specific --
MR. McLEAN: One of them is on U.S. 41 just south of the
Bascom Palmer Eye center. It is a existing building that they're
looking to convert into a new use there, and they're very interested in
the change in this code and how that will affect them and allow their
ability to redevelop an existing building on that particular site.
COMMISSIONER HILLER: Which specific provision of the
amendment are they looking at?
MR. McLEAN: In whole, because there's a lot of things that
allow them a lot of additional flexibility, and so they're certainly
looking at that. And I know that this particular one is a project that
they're looking to try and get built and closed before the end of this
particular year.
COMMISSIONER HILLER: And what's the other one?
MR. McLEAN: There's been a couple of the pre-aps that have
come in that they're actively looking. It's also important to note that
we do have the site plans with deviations process that is available that
goes through the Hearing Examiner, and that was a perfectly great
project example. It was the Porsche dealership most recently that did
go through that and was able to maintain their corporate logos
branding and obtain that approval.
COMMISSIONER HILLER: Okay.
MR. McLEAN: We also have the alternative architectural design
ability within the 5.05.08 that also gives another ability for certain
projects to be able to provide a certain alternative to what the code
states if it meets that criteria as well.
COMMISSIONER HILLER: And that went through the Hearing
Examiner on the Porsche dealership?
MR. McLEAN: Yes, it did.
COMMISSIONER HILLER: Okay. Well, I mean, if that's an
alternative that exists now till we refine it, then I'm comfortable with
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that, if that's how it was handled.
CHAIRMAN FIALA: How will that -- the C3s will -- I guess
that could wait?
MS. CILEK: That would be a separate amendment.
CHAIRMAN FIALA: And the false windows, how -- you know,
I just don't know, because I don't know if it will affect something.
MS. CILEK: One thing to remember is that the glazing is still
required. False windows cannot count towards the glazing required.
So they are still going to have to provide some additional design
element to those facades. We can come back --
CHAIRMAN FIALA: We can refuse somebody if they're just
putting in false windows, right?
MS. CILEK: They have to meet the other design standards for
that facade, which includes glazing for the primary facade.
CHAIRMAN FIALA: Okay.
COMMISSIONER TAYLOR: And what about the increasing the
parking in front of the building to 80 percent of all the parking that
they have? I mean, that's huge. That's huge. I sound like a dealer in
Cape Coral.
CHAIRMAN FIALA: It would detract then from walking and
shopping and stuff.
COMMISSIONER TAYLOR: It's not -- you know, when you
talk about something on 41, I mean, it's still -- it's urban. And I guess
-- and I was saying, and I don't mean to, but somehow we're going to
have to come to grips with suburban versus urban --
MS. CILEK: Right.
COMMISSIONER TAYLOR: -- and what the difference is and
start incorporating it in what we -- in our permitting process.
MS. CILEK: And one thing that we do have going for these
parking lots is great landscaping provisions. So every 10 parking
spaces of-- 10 parking spaces, we require a landscape island with a
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tree in it.
And so we do feel from a staff perspective that does address some
of the concern of a large parking lot. It's just one thing to add to the
considerations.
COMMISSIONER TAYLOR: I think -- if I'm thinking about the
building that was mentioned -- I won't bring it up -- I think there's --
parking is not as much in the front as it is in the back on that one
particular building. And so now he can put a sea of parking or they
can put a sea of parking in front. You know, I'm just -- I'm not
comfortable with it, but I'm one person here.
CHAIRMAN FIALA: Yeah. I hate to hold anybody up, but at
the same time these are concerns that I have. I'm sorry that I wasn't -- I
didn't sit in on any of those other meetings. I, apparently, didn't know
about them, because I would have loved to have thrown my two cents
in.
COMMISSIONER HENNING: Well, Commissioner --
CHAIRMAN FIALA: And that and five more pennies won't give
you a cup of coffee, by the way.
COMMISSIONER TAYLOR: Watch that.
COMMISSIONER HENNING: May I say something?
CHAIRMAN FIALA: Sure.
COMMISSIONER HENNING: It sounds like what you want is
to give more flexibility.
CHAIRMAN FIALA: Yes.
COMMISSIONER HENNING: This amendment gives
flexibility.
MS. CILEK: Yes.
COMMISSIONER HENNING: If you want additional
flexibility, either give the direction to staff to vet that through the
committees and bring back a part of this amendment or add on to a
different cycle. So which one do you prefer so I can include it in the
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motion and -- or add it to the motion? Would you like to -- on those
comments on flexibility between now and September, vet it through
the DSAC and Planning Commission?
CHAIRMAN FIALA: You know, I think that would work out
well.
COMMISSIONER HENNING: Okay. I'm going to add that to
my motion. Commissioner Nance, you second it?
COMMISSIONER NANCE: Yes, sir. Yeah, absolutely. And let
me tell you why. We're going to need that flexibility because we've
got so much infill going on and things, and you're going to need to fit
this stuff in. If we're hard and fast on everything, we're going to
constantly be coming up against problems.
So thank you, Commissioner Henning.
CHAIRMAN FIALA: Thank you for including that.
COMMISSIONER HENNING: Call the motion.
CHAIRMAN FIALA: Well, you just got my vote, Commissioner
Henning.
So all in favor?
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: (No verbal response.)
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
COMMISSIONER TAYLOR: Opposed.
CHAIRMAN FIALA: Okay, 4-1.
MS. CILEK: May I ask one additional item, which is -- I'm very
glad that you brought up the redevelopment scenarios for older
projects. One thing that was discussed throughout the process with
both the committee and the Planning Commission and the
development industry was the need to look at specific standards for
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redevelopment projects.
And we would love to move forward with your blessing and we'll
come back with an executive summary to put together a committee
made up of design professionals and engineers and those associated
with development to look at redevelopment standards, very similar to
the process of this ad hoc committee.
COMMISSIONER NANCE: I think that's excellent.
COMMISSIONER TAYLOR: I'd like to make that motion.
COMMISSIONER NANCE: And I will second it.
CHAIRMAN FIALA: That's great. All in favor, signify by
saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: That is 5-0.
MS. CILEK: Thank you.
CHAIRMAN FIALA: Okay. That will be just great. And I think
that that's going to be good for everybody, because this redevelopment,
it's -- you know, it's going to set the tone for what we're growing to be,
and we want to make sure our taxpayers are very happy with what
we're doing and not thinking that we're, you know, throwing them to
the wolves, which is some of the mail we get here or there, okay.
MS. CILEK: Look forward to September. Thank you.
CHAIRMAN FIALA: Thank you.
Board members, I just want to thank you all for working so hard
at this. I know it wasn't easy. Staff members, you had a lot to cope
with and a lot to put together, and thank you for all your patience today
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with all of these questions. It was very nice of you to work so well with
us.
I think we're going to come out final -- with a final winning
project. It might take us a little bit to get to the end, but at least you've
got the flexibility now to do it.
MR. OCHS: Yes, ma'am.
CHAIRMAN FIALA: Commissioner Henning, thank you for
adding that to your motion.
COMMISSIONER HENNING: My pleasure.
CHAIRMAN FIALA: Okay. With that?
MR. OCHS: Madam Chair, I'm looking at our court reporter, and
she's about to cry, I think, if I don't give her at least a few minutes. We
don't have much left, but --
COMMISSIONER TAYLOR: Just correspondence, right?
COMMISSIONER NANCE: Let's give her a break.
CHAIRMAN FIALA: Okay.
THE COURT REPORTER: I only need five minutes.
MR. OCHS: Just a quick break; five minutes.
CHAIRMAN FIALA: Five minutes. You go ahead. She's been
typing for two hours.
(A brief recess was had.)
CHAIRMAN FIALA: Okay. I think we're all back.
MR. OCHS: Yes, ma'am. You have a live mike.
CHAIRMAN FIALA: Okay. Very good.
Item #15
STAFF AND COMMISSIONER GENERAL COMMUNICATIONS
MR. OCHS: You're on to Item 15, staff and commission general
communication.
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July 12, 2016
CHAIRMAN FIALA: Okay. Very good. And we shall start
with Commissioner Henning.
COMMISSIONER HENNING: One thing that you brought up
earlier is about Code Enforcement and driving by and enforcing the
code. I've heard similar concerns.
I have yet to feel comfortable with the answer that I'm getting
about enforcing the Board's ordinances; however, in the Florida
Statutes it states, under the county administrative, that he is to
diligently enforce the codes/resolutions of the Board. So that's what
he's -- Code Enforcement is, that's what they're doing. They're
enforcing the code.
So for our Code Enforcement to drive by on a code violation
without -- knowing that it's a problem without stopping is not
diligently enforcing the ordinances.
CHAIRMAN FIALA: So -- say that one more time.
COMMISSIONER HENNING: So a code enforcement officer
that is driving down the road and witnesses a violation of code without
addressing it is not diligently enforcing the Board's ordinance.
CHAIRMAN FIALA: Oh, okay.
COMMISSIONER HENNING: So I'm going to make a motion
that the Board affirms that the County Manager, his agencies, enforces
the Board's ordinances and -- which includes LDC or whatever.
COMMISSIONER HILLER: We don't need a motion on that.
CHAIRMAN FIALA: And I second that motion. Yes, we do.
COMMISSIONER HILLER: Why?
MR. OCHS: Why do we need a motion for that?
COMMISSIONER HILLER: It's not on the agenda, and why are
we --
COMMISSIONER HENNING: Well, that's tough.
CHAIRMAN FIALA: Well, you know what, we're having some
problems because Code Enforcement isn't quite sure --
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July 12, 2016
COMMISSIONER HENNING: Right.
CHAIRMAN FIALA: -- what they should be doing. They feel
that they can only react when they're told to. And when they drive by
something they don't feel is right, they have to just turn a blind eye to
it, or at least that's how they feel --
MR. OCHS: Who's "they"?
CHAIRMAN FIALA: -- so I want to -- we just want to let them
know that, you know, they can be proactive. They don't realize they
only have to be reactive. They can be proactive.
MR. OCHS: They're not only reactive, ma'am.
CHAIRMAN FIALA: Well, they -- that's what I've been told.
MR. OCHS: By me?
CHAIRMAN FIALA: Huh?
MR. OCHS: By me?
CHAIRMAN FIALA: No, not by you, but by people within
code, that they don't -- they don't know that they can be proactive.
MR. OCHS: Okay. Well, I'll make sure that they know what
they're supposed to do.
CHAIRMAN FIALA: Okay. Commissioner Henning, you, same
thing? You had that same thing?
COMMISSIONER HENNING: Yeah.
CHAIRMAN FIALA: See?
COMMISSIONER HILLER: I haven't.
CHAIRMAN FIALA: Well, yeah, but you have a different area.
COMMISSIONER HILLER: Well, no, no. Can I speak to that?
CHAIRMAN FIALA: Yeah.
COMMISSIONER HILLER: I have -- you know, Naples Park is
an area where Code Enforcement is heavily involved because there are
so many tenants that live in a lot of these houses. And so, you know,
every time I work with the Naples Park community, we have
discussions about how Code Enforcement is performing and, you
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know, to what extent they are enforcing the code.
And we recently, you know, have a new code enforcement
director, right? Is that the -- or manager? What's the title?
MR. OCHS: Yes, department director.
COMMISSIONER HILLER: Department director.
MR. OCHS: Excuse me, division director.
COMMISSIONER HILLER: And I would say about, what, four
or five months ago, whenever he started, shortly thereafter, I had him
come and introduced him to the community. And I have followed up,
and I'm not -- I'm not seeing nonenforcement. I mean, I think they are,
actually.
But it does -- one thing I have found out is it's not -- I mean, every
-- they rotate who the official is, you know, between the various
districts in the different communities, and it may be, you know,
whoever it is who's working your area now may not know what the
rules are.
CHAIRMAN FIALA: I just think they want to have it clarified,
okay, that they can be proactive. When they see an infraction, they can
move on it, and even if it's knocking on the door and saying, you
know, this dirt is piled too high for you to see out your front window.
You have to remove it. Okay, fine. Now they've been told, and -- but
they have to have the ability to do that.
COMMISSIONER HILLER: Yeah, they do.
CHAIRMAN FIALA: And so we're -- well, being that -- I just
want to make sure that they know. So, Leo, you -- we don't even need
to vote on that motion. You'll just take care of it and let them know
they can be proactive.
COMMISSIONER HILLER: That they should be proactive --
MR. OCHS: Yes, yes.
COMMISSIONER HILLER: -- if they see something.
COMMISSIONER NANCE: I would like to make a comment.
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CHAIRMAN FIALA: Yes. Go ahead.
COMMISSIONER NANCE: Oh, I'm sorry.
Yeah. You know, we have a million codes in Collier County, and
I'm very happy to have Code Enforcement out there active, particularly
on things that have to do with health, safety, and welfare issues. But,
you know, honestly, from time to time things have come up, and all of
a sudden I'd get six or eight calls in Immokalee. You know what,
Code Enforcement rode around and gave a code violation to everybody
that's got masonry around the base of their mailbox.
Well, it seems there's a code against masonry around the
mailboxes. I didn't know that. Did you know that? There is. Okay.
So somebody decided that that was a problem. Of all the things in
Immokalee we've got to work on, that's not in the top 1,000.
You know, and I hate to see somebody going in the Estates with a
tape measure saying, yeah, you know, you haven't mowed your grass,
and your grass is over 18 inches tall out here, so we're going to go out
and we're going to give a hundred citations to people that haven't cut
their grass over the summer. Well, they were on vacation, didn't cut
their Bahia grass, and it got high.
So, you know, that's not the things we need. We need thoughtful
determinations by code and good judgment to exercise to do things that
are important and really make a difference in our community and not
just onerous series of Code Enforcement violations.
CHAIRMAN FIALA: Right. Nobody's asking for that.
COMMISSIONER NANCE: If we can do that -- if they can
exercise good judgment, I'm very supportive of Code Enforcement, but
I don't want them to get off their rails like they did before.
You can remember, Commissioner Henning, when we just had
hundreds and hundreds and hundreds of anonymous complaints that
were coming from homeowners that had domestic disputes with their
neighbor, and they wanted to engage Code Enforcement, you know,
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for their own purposes.
And that was -- you know, the Board came out strong against
that. That's not the purpose of Code Enforcement. It's to make our
community better. It's not to engage in things that -- you know, that I
think are just minuscule things.
So, I mean, you know, if they exercise good judgment and they
want to go out and attack things that are screwing up our community,
I'm good. But let's make sure that it's something that's worthy of their
time and the community's time to rectify and not just something that
came to their mind as a project.
COMMISSIONER TAYLOR: We used to --
CHAIRMAN FIALA: I don't think we're even addressing
something like that.
COMMISSIONER NANCE: Well, I just want to make sure the
thing's in the right spirit, you know.
CHAIRMAN FIALA: Legitimate things.
COMMISSIONER NANCE: Yeah. No, legitimate things, I got
no problem with that.
COMMISSIONER HILLER: Commissioner Fiala, what is not
being enforced? What code is not being enforced? What specific
issue?
CHAIRMAN FIALA: Squalor, slum.
COMMISSIONER HILLER: Oh.
CHAIRMAN FIALA: Blight, broken windows, doors that don't
work. I mean, there's -- if you could see it all, you would see it, and --
COMMISSIONER HILLER: Where is this?
CHAIRMAN FIALA: And took -- you know what, I don't want
to get into that, but our Code Enforcement guy knows, okay.
COMMISSIONER HENNING: Let me explain it, Commissioner
Fiala. And you know what, you really don't have to explain it to her;
however, I saw a memo that Code Enforcement is addressing health,
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safety, and welfare issues of the code.
Well, there are other issues with our codes that are not health,
safety, and welfare.
COMMISSIONER HILLER: Well, these sound like health,
safety, welfare issues.
COMMISSIONER HENNING: So I forgot the last thing I was
going to bring up, and I'm ready to move on.
CHAIRMAN FIALA: Okay. But I'm glad you're with me on
that --
COMMISSIONER HENNING: Yeah, absolutely.
CHAIRMAN FIALA: -- because we've seen it firsthand. And I
think -- we have a wonderful guy that's in charge of Code
Enforcement. He just needs to know what his direction is. And did --
we would like to give Leo the direction to give to him.
COMMISSIONER HENNING: And that's enforcing the Board's
code.
CHAIRMAN FIALA: Yeah, right. Yeah. We don't have to
always pat him on the back and say, if you fix it up next year, it will be
okay, right, but I'm your friend, you know. That isn't the way to do it.
Okay.
COMMISSIONER TAYLOR: Madam Chair, maybe we could --
rather than do a motion, maybe we could just take a consensus.
CHAIRMAN FIALA: No. We're not even doing a motion. Leo
said he'll just handle that. And so Tom and I -- although we have a
motion and a second, we can just cancel that out.
And as long as Leo's going to -- and we'll hold Leo's feet to the
fire. Crackle, crackle, crackle.
MR. OCHS: Absolutely.
CHAIRMAN FIALA: Okay.
COMMISSIONER HENNING: And after I leave, I'll remind
you.
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July 12, 2016
CHAIRMAN FIALA: Good. That's good. Okay.
COMMISSIONER TAYLOR: Counting the days.
CHAIRMAN FIALA: Commissioner Hiller?
COMMISSIONER HILLER: I would like to wish everyone a
very happy summer. I look forward to coming back in September and
picking up where we left off. And it should be interesting. There's a
lot of ahead of us.
CHAIRMAN FIALA: Okay. Good. That's true.
Commissioner Taylor?
COMMISSIONER TAYLOR: Oh, I've got three things. First of
all, just with the Hunden report, I think -- I don't even think I brought
this up, but as -- the TDC recommended six properties to do a -- to
look at to do a feasibility study. Are we -- this carryforward over the
summer, is it six properties you're looking at? Is it two properties?
How many properties? Because I understand at one point there were
29. I don't expect that.
MR. OCHS: Yeah. We were looking at three, maybe four.
COMMISSIONER TAYLOR: Okay. That's all I -- yeah, that's
fine. Thank you.
So this is really good news --
CHAIRMAN FIALA: What was that property for? I don't
remember.
COMMISSIONER TAYLOR: The Hunden is for the sports
complex, and they -- those --
CHAIRMAN FIALA: Oh, okay. I'm sorry.
COMMISSIONER TAYLOR: Some good news about the reef
premiere. On June the 30th, 42,000 people watched it. These are stats
from the station.
CHAIRMAN FIALA: Locally?
COMMISSIONER TAYLOR: Yes. And then it is going -- in
September, it's going to eight PBS stations in -- throughout Florida,
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and Alabama and Mississippi it's going to be statewide. They estimate
that it will have over 200,000 views. And the best thing -- one of the
best things about it, it's got Collier County -- you know, that little blurb
about Collier County at the beginning. But this is remarkable. So
we're very excited about it.
And then, finally, another matter that has come to my attention,
and I don't know if anyone actually had an opportunity to read the front
page of the Naples Daily News on Sunday, but it's something that I've
been struggling with a little bit.
I realized I wasn't here, I wasn't on the City Council, but the City
of Naples CRA was extended in 2014 in January. And, Commissioner
Henning, your comments about when I talked about bringing more
money to the million dollars and you talked about the CRA, and then
of course in the budget I realized the City of Naples is getting $2
million towards that, and it will only go up.
So I started to do a little research and realized that they've
extended it for 30 years. So it will be extended until 2044. But the
criteria for a CRA, which is what they qualified for back in the '90s, is
blight, slum, and, fascinatingly, expanding affordable housing
especially for elderly.
Now, it does appear that they're getting rid of their affordable
housing, and there doesn't seem to be any motion at all to stop it. And,
in fact, indeed, a developer is looking at the Gordon River Apartments,
and there has been conversations with the neighborhood that they want
to build on their park, which has been undeveloped for as long as I
know.
So then I said, well, wait a minute. If they're getting $2 million a
year and it's going to go up to maybe 3 and it's over 30 years, that's a
pretty tidy sum. Let me look at the budget.
They've allocated $300,000 over 30 years for River Park;
$300,000 over 30 years for the single-family homes; $300,000 for
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Lake Park, in which I live in. Now, there are 6-, $700,000 in my part
of Lake Park, and they're renovating on the CRA part.
So I thought, there's something wrong with this picture. And so,
if I've got the consensus of this board, I would like our County
Attorney to look at it over the summer. I just don't know where we
stand legally, but to me, when you are spending your money in a CRA
that does not have any blight, doesn't have slum, and you are getting
rid of affordable housing, there's something wrong.
CHAIRMAN FIALA: It took a lot of courage to say that, you
know that? Really, it did. And I admire you for that. Because I often
wondered how they could do that when, you know, there isn't any slum
and blight. And -- but I don't know that I would have ever had the
courage to do that.
COMMISSIONER TAYLOR: Well, thank you. It's just not fair.
CHAIRMAN FIALA: No, it isn't.
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN FIALA: Thank you.
COMMISSIONER TAYLOR: So do I have the consensus for --
CHAIRMAN FIALA: Yes.
COMMISSIONER HENNING: (Nods head.)
COMMISSIONER TAYLOR: Thank you.
COMMISSIONER HILLER: Can I talk to that?
CHAIRMAN FIALA: Yeah.
COMMISSIONER HILLER: The Naples CRA is under the
jurisdiction of the City Council. They created it, right?
COMMISSIONER TAYLOR: They did, but when they asked for
an extension of it, they have to notify and have identified the taxing
authority, which is, I would believe, the county; is that correct? Are
we can considered taxing -- there was a process they had to go
through. It was public meetings.
COMMISSIONER HILLER: I think -- I think it is inappropriate
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July 12, 2016
for us to be involving ourselves with their CRA. I don't believe we
have any jurisdiction.
COMMISSIONER NANCE: Who's the CRA board; the City
Council?
COMMISSIONER TAYLOR: Yes.
COMMISSIONER HILLER: I think so. That's my
understanding. So I'm not sure that we have jurisdiction to intervene,
and I don't know why we would be. I'm --
CHAIRMAN FIALA: It comes off the top of the taxpayer --
county taxpayer dollars, right? It comes off the top before it ever goes
into the pot?
MR. OCHS: Yes. It's a transfer from your General Fund to the
Naples CRA.
COMMISSIONER HILLER: But the --
MR. OCHS: Go ahead.
COMMISSIONER HILLER: But those citizens are being -- the
Naples -- the City of Naples is being taxed. Who's being taxed on
that?
MR. OCHS: Well, they get the increment from the city taxes and
from -- and the county taxes going to their CRA.
COMMISSIONER TAYLOR: See, the portion that would go to
the county is now funneled back into the city. Now, on their plan they
are planning another parking garage on Fifth Avenue.
I'm just not -- there's a disconnect for me, and it's so troublesome.
And when I read the newspaper and -- you know, and I know about
what's going on with this, you know, one entity buying properties in
there and this whole conversion of a neighborhood that was essential to
them deciding that they would have a CRA or, you know, qualifying
for it.
COMMISSIONER HILLER: But do we know if whoever is
buying it is not providing affordable housing?
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July 12, 2016
COMMISSIONER TAYLOR: Yes, we do.
COMMISSIONER HILLER: And you know that --
COMMISSIONER TAYLOR: Because of the rents going up.
COMMISSIONER HILLER: -- through the city council?
COMMISSIONER TAYLOR: Yes. Because they basically have
said that -- it was reported. Now, okay. Here we go. Do I know? The
rents are going up.
COMMISSIONER HILLER: Well, I think --
COMMISSIONER TAYLOR: The only area that the rents are
not going up is something called George Washington Apartments, but
the rents are going up substantially. And I know -- I've had relatives
that have stayed in those Gordon River Apartments, and I know there
are elderly people there, I know that there are children there, and I
know that it is a very important part of this community and to have that
neighborhood intact.
COMMISSIONER HILLER: I think the first thing we have to do
is establish whether or not it's within our jurisdiction to be involved --
COMMISSIONER TAYLOR: Well, that's what --
(Overlapping speakers.)
COMMISSIONER HILLER: -- CRA, and I think that's the first
question that the County Attorney would have to address if this is an
issue --
COMMISSIONER TAYLOR: And, again --
COMMISSIONER HILLER: -- that we can even address.
COMMISSIONER TAYLOR: -- this would just be over the
summer. So is there consensus?
CHAIRMAN FIALA: Yeah.
COMMISSIONER HILLER: Ask him to find out whether we
have any jurisdiction? There's nothing wrong with asking a question.
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN FIALA: Commissioner Nance, or was that all of
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July 12, 2016
it?
COMMISSIONER TAYLOR: That's it. Thank you. That's
enough.
CHAIRMAN FIALA: Yes.
COMMISSIONER NANCE: Yes. I don't have much.
Thanks to everybody for everybody's courtesy. I think we had a
very vigorous discussion for most of the day.
I would like to encourage everybody to be lightning safe over the
summer. It's getting very, very active. And although we haven't had
any hint of any hurricanes through the first part of the season,
everybody needs to be ready.
You know, it's very, very hot out there. The water is hot. The
water in the Gulf is very hot. And, you know, if we do have some
storms, even late-developing ones, they could be quite severe. So I
hope everybody's at the ready and paying attention with their personal
plans.
I wish everybody a happy summer. I'm going to go up and soak
up some cool air. I'm not bringing any of it back. I'm going to leave
whatever I use up there for the next time, and then I'll see you in
September.
CHAIRMAN FIALA: Okay. And I'll finally wind up. First of
all, I have to say that awhile back I was -- I was very caustic. I made a
remark, and I shouldn't have, to you. You didn't deserve that, and I
feel embarrassed that I did it because now it's being used in an election.
And I was -- my remark was caustic. And the rest of the time
you've been working with me all along, all along, and then moving this
meeting along as well, and I know that sometimes you would prefer to
say a few more things but you've agreed with me. You've made it real
easy for me. So I just wanted to put that on the record.
COMMISSIONER HILLER: That's very kind of you. I really
appreciate that, Commissioner Fiala.
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July 12, 2016
CHAIRMAN FIALA: It's well deserved. And I want to say to all
of you board members, you've been awfully kind to me, too. You've
let me run the show --
COMMISSIONER TAYLOR: Oh, my goodness.
CHAIRMAN FIALA: -- and made me feel good, and so -- and
so we've had some pretty decent meetings. And do you want to say
something?
COMMISSIONER HENNING: Well, I forgot -- I remembered
the two things that I forgot.
CHAIRMAN FIALA: Oh, okay.
COMMISSIONER HENNING: So go ahead.
CHAIRMAN FIALA: And, Terri, you're always a joy to look at
when we come here, and so it's a pleasure. I mean, it's not like we're
going to be gone for very long. We're just going to be gone for what,
six weeks or something like that. But, still, I feel like I'm wishing you
adieu for six weeks.
If you need me back, I'll be back -- I'm going to be back in two
weeks anyway. So you know I'm going to have little stem cell taken
care of, so that will be good, and then I'll be here for a while.
But, anyway, to everyone, to staff and everybody, it's a joy
working with you-all.
Commissioner Henning?
COMMISSIONER HENNING: One thing. Jeff, the Board's
minutes, meeting minutes, who -- is it -- it's the Board's minutes, right?
MR. KLATZKOW: It's your minutes, yes.
COMMISSIONER HENNING: The Board? Is it --
MR. KLATZKOW: Well, it's the public's at the end of the day,
but it's your minutes.
COMMISSIONER HENNING: It's the public's. But who can
add things to the agenda? Staff? Staff can put things on the agenda?
COMMISSIONER HILLER: We have an ordinance.
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July 12, 2016
COMMISSIONER HENNING: Or into the minutes? Hang on.
MR. KLATZKOW: Are we talking about the agenda or the
minutes?
COMMISSIONER HENNING: The minutes.
MR. KLATZKOW: Well, the minutes are an accurate -- or
they're supposed to be -- an accurate reflection of--
COMMISSIONER TAYLOR: Man, are you in trouble. No more
brownies for you. You're out.
MR. KLATZKOW: I'm sorry. The minutes are supposed to be
an accurate reflection of what actually happens here, okay.
I've always thought to simply say, I want to take documents and
throw them into the records, to me, that's not really the minutes. I'm
not sure what that is. But they are available to the public after that, in
any respect.
COMMISSIONER HENNING: Well, who can add it to -- who
can add things to the record?
CHAIRMAN FIALA: You mean after what's written?
COMMISSIONER HILLER: Can I --
COMMISSIONER HENNING: No. It's my turn.
COMMISSIONER HILLER: But I just --
COMMISSIONER HENNING: You've already taken your time.
COMMISSIONER HILLER: -- want to respond that you --
CHAIRMAN FIALA: Just let me -- can I ask you. Do you mean
after they're once typed up and everything, who can add to them?
COMMISSIONER HENNING: Well, I've heard, I want this -- I
want to put this into the record.
MR. KLATZKOW: Okay. You've got the minutes, which this
young lady is taking care of right now.
COMMISSIONER HENNING: Right.
MR. KLATZKOW: Okay. And then you have the record. The
record will include the executive summary, the backup, whatever.
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July 12, 2016
During, like, a land use item if somebody says, I would like to enter
this into the record, okay. And so you've got those documents. You've
got the minutes, which are your transcribed discussions, and then you
have the record of any document that got introduced during the
meeting for the purposes of preserving it for whatever purpose.
COMMISSIONER HENNING: Well, didn't the Board establish
that only the Board can add things into the record?
COMMISSIONER HILLER: No, no.
COMMISSIONER HENNING: Commissioner Fiala, would you
-- I mean, she is just out of control. She is just absolutely obnoxious.
You know, she --
COMMISSIONER HILLER: Point of order.
COMMISSIONER HENNING: She can't -- she can't --
CHAIRMAN FIALA: Please, please.
COMMISSIONER HENNING: She can't let somebody talk.
She's always got to have control. And I just have these two items that I
forgot.
CHAIRMAN FIALA: I know, I know.
COMMISSIONER HENNING: And it's because she interrupted
me before. Thank you.
What's the answer?
MR. KLATZKOW: My recollection is that if you want -- that a
commissioner can add items into the record, but if somebody else
wants to add an item to the record, it's usually by motion of the Board,
acceptance of the Board.
COMMISSIONER HENNING: Thank you. See, that's all I was
looking for is an answer.
My second thing is, South Florida Water Management, you
remember I brought an issue about Southern Golden Gate Estates or
the Picayune. They have delayed coming to the Board, and it looks
like it's going to get lost.
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July 12, 2016
In the meantime, we made a commitment through an agreement
to South Florida Water Management that these roads would be open to
the public all season -- certain roads all season. And from what I could
see, South Florida Water Management is just poo-pooing the issue.
And I think that this board needs to force the agreement that was
agreed upon years ago for our rights to those roads.
Commissioner Nance, I'd like to hear your opinion.
COMMISSIONER NANCE: Commissioner Henning, I will tell
you that I attended part of the basin board meeting yesterday, and the
basin board actually brought that topic up.
And, you know, there were comments -- there were public
comment made from Mrs. Payton, for example, that she would have an
issue depending on how, you know, that was -- that was done.
So I will tell you that I think the basin board is interested with that
issue, but I will also tell you that there wasn't -- you know, there was a
lot of throat clearing on the part of the South Florida Water
Management District.
COMMISSIONER HENNING: Right.
COMMISSIONER NANCE: So I don't know where this is
going, but our basin board is advocating on that issue, and they're
wanting to discuss it. So I don't think it's dead, but I think we're
getting -- you know, they're just kind of passive on it out of West Palm
Beach at this moment.
COMMISSIONER HENNING: Right. And they will be passive
until we force the issue. And I'll -- if I don't see something by the next
meeting, I'll have something on the agenda.
COMMISSIONER NANCE: Fine. I think that's appropriate.
MR. OCHS: Commissioners, I believe at the last meeting, at
your suggestion, sir, you had us draft a letter for the Chair to sign
asking them to come in September instead of October, as they had
originally indicated. That letter got signed today at lunch by the Chair.
Page 213
July 12, 2016
COMMISSIONER HENNING: Oh, today?
MR. OCHS: So that did go out -- yes, sir. We'll send a copy to all
of you.
COMMISSIONER HENNING: Okay.
MR. OCHS: Commissioner, that doesn't mean they're necessarily
going to show up, but they've been asked to come and show up at one
of your September meetings.
COMMISSIONER NANCE: I would encourage commissioners
that are interested to speak to Mr. Barber.
COMMISSIONER HENNING: I have.
COMMISSIONER NANCE: Yeah. I think it's --
CHAIRMAN FIALA: Are you talking about the green slime?
MR. OCHS: No.
COMMISSIONER HENNING: It's concerning. Very
concerning.
CHAIRMAN FIALA: They're not talking about the green slime?
MR. OCHS: Talking about roads in the Picayune.
COMMISSIONER NANCE: Picayune.
MR. OCHS: South block.
COMMISSIONER HENNING: That's all. Thank you.
CHAIRMAN FIALA: Well, thanks, everyone. Have a
wonderful summer. See you back in six weeks.
*****
**** Commissioner Henning moved, seconded by Commissioner
Fiala and carried unanimously that the following items under the
Consent and Summary Agendas be approved and/or adopted ****
Item #16A1
Page 214
July 12, 2016
AN EASEMENT AGREEMENT TO PURCHASE A ROAD
RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT
(PARCEL 298RDUE) REQUIRED FOR THE EXPANSION OF
GOLDEN GATE BOULEVARD FROM 20TH STREET EAST TO
EAST OF EVERGLADES BOULEVARD. (PROJECT NO. 60145.)
ESTIMATED FISCAL IMPACT: $8,045.50 — AN APPROXIMATE
3,300 SQUARE FOOT PARCEL ON THE CORNER OF GOLDEN
GATE BOULEVARD E AND 22ND STREET SE
Item #16A2
AN EASEMENT AGREEMENT TO PURCHASE A ROAD
RIGHT-OF-WAY, DRAINAGE, AND UTILITY EASEMENT
(PARCEL 391RDUE) REQUIRED FOR THE EXPANSION OF
GOLDEN GATE BOULEVARD FROM 20TH STREET EAST TO
EAST OF EVERGLADES BOULEVARD (PROJECT NO. 60145)
ESTIMATED FISCAL IMPACT: $302,527 — AN APPROXIMATE
54,401 SQUARE FOOT (1 .25 ACRES) PARCEL ON THE
NORTHEAST CORNER OF GOLDEN GATE BOULEVARD AND
EVERGLADES BOULEVARD
Item #16A3
AN EASEMENT AGREEMENT TO PURCHASE A ROAD
RIGHT-OF-WAY, DRAINAGE, AND UTILITY EASEMENT
(PARCEL 359RDUE) AND A TEMPORARY DRIVEWAY
RESTORATION EASEMENT (PARCEL359TDRE) REQUIRED
FOR THE EXPANSION OF GOLDEN GATE BOULEVARD
FROM 20TH STREET EAST TO EAST OF EVERGLADES
BOULEVARD. (PROJECT NO. 60145) ESTIMATED FISCAL
IMPACT: $10,108 — A 15-FOOT WIDE PERPETUAL, NON-
Page 215
July 12, 2016
EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE, AND
UTILITY EASEMENT AND AN APPROXIMATE 500 SQUARE
FOOT TEMPORARY DRIVEWAY RESTORATION EASEMENT
Item #16A4
RESOLUTION 2016-148: AMENDING EXHIBIT "A" OF
RESOLUTION 2013-239, LISTED SPEED LIMITS ON COUNTY
MAINTAINED ROADS, TO REFLECT A TEMPORARY
REDUCTION OF SPEED LIMITS ON: CR 901/VANDERBILT
DRIVE, FROM 400 FEET SOUTH OF WHERE THE PROJECT
BEGINS AND 400 FEET NORTH OF WHERE THE PROJECT
ENDS, FROM THIRTY-FIVE (35) MILES PER HOUR TO
TWENTY (20) MILES PER HOUR, DUE TO CONSTRUCTION
OF VANDERBILT DRIVE BRIDGE REPLACEMENTS.
(PROJECT 66066. 11) — THE SHERIFF'S OFFICE AGREES WITH
A TEMPORARY REDUCTION AND UPON COMPLETION OF
THE PROJECT STAFF WILL RETURN WITH AN AMENDMENT
TO RETURN THE SPEED LIMIT TO 35 MILES PER HOUR
Item #16A5
REJECT THE AWARD OF A CONSTRUCTION CONTRACT TO
THE SOLE QUALIFIED BIDDER FOR THE RECENTLY
ADVERTISED ITB #16-6572, "GOLDEN GATE PARKWAY AT
LIVINGSTON ROAD INTERSECTION IMPROVEMENTS," AND
AUTHORIZE RE-ADVERTISEMENT FOR PROJECT NO. 60178
— DUE TO THE LIMITED RESPONSE PRE-QUALIFICATION
REQUIREMENTS WILL BE MODIFIED AND A SOLICITATION
WILL BE RE-ADVERTISED
Page 216
July 12, 2016
Item #16A6
AN EASEMENT AGREEMENT TO PURCHASE A ROAD
RIGHT-OF-WAY, DRAINAGE, AND UTILITY EASEMENT
(PARCEL 368RDUE) REQUIRED FOR THE EXPANSION OF
GOLDEN GATE BOULEVARD FROM 20TH STREET EAST TO
EAST OF EVERGLADES BOULEVARD. (PROJECT NO. 60145)
ESTIMATED FISCAL IMPACT: $22,527 — AN APPROXIMATE
4,350 SQUARE FOOT PARCEL ON THE SOUTH SIDE OF
GOLDEN GATE BLVD THAT WILL BE FOR A RIGHT TURN
LANE WHEN APPROACHING EVERGLADES BOULEVARD
Item #16A7
CLERK OF COURTS RELEASE OF A PERFORMANCE BOND
IN THE AMOUNT OF $73,000, POSTED AS A GUARANTY FOR
EXCAVATION PERMIT NUMBER 60. 103, PL20130001578 FOR
WORK ASSOCIATED WITH THE BRANDON SUBDIVISION —
ASSOCIATED WORK HAS BEEN INSPECTED AND THE
DEVELOPER HAS FULFILLED COMMITMENTS WITH
RESPECT TO THE SECURITY
Item #16A8
CLERK OF COURTS RELEASE OF A CASH BOND IN THE
AMOUNT OF $25,000 TO JD DEVELOPMENT 1, LLC., POSTED
AS A GUARANTY FOR EXCAVATION PERMIT NUMBER
60.124, PL20150000480 FOR WORK ASSOCIATED WITH
LEGACY ESTATES — ASSOCIATED WORK HAS BEEN
INSPECTED AND THE DEVELOPER HAS FULFILLED
COMMITMENTS WITH RESPECT TO THE SECURITY
Page 217
July 12, 2016
Item #16A9
RECORDING THE FINAL PLAT OF CAYMAS PHASE ONE,
(APPLICATION NUMBER PL20150001759) APPROVAL OF THE
STANDARD FORM CONSTRUCTION AND MAINTENANCE
AGREEMENT AND APPROVAL OF THE AMOUNT OF THE
PERFORMANCE SECURITY — W/STIPULATIONS
Item #16A10
RECORDING THE MINOR FINAL PLAT OF LAKOYA TRACT
54, APPLICATION NUMBER PL20160000947 — A SUBDIVISION
WITHIN THE LELY RESORT COMMUNITY
Item #16A11
RESOLUTION 2016-149: FINAL APPROVAL OF PRIVATE
ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE
FINAL PLAT OF BELLA FIRENZE APPLICATION NUMBER
PL20120002425 WITH THE ROADWAY AND DRAINAGE
IMPROVEMENTS BEING PRIVATELY MAINTAINED AND
AUTHORIZING THE RELEASE OF THE MAINTENANCE
SECURITY — A PROJECT WITHIN WENTWORTH ESTATES
Item #16Al2
RECORDING THE FINAL PLAT OF ANTHEM PARKWAY
PHASE ONE, (APPLICATION NO. PL20150001931) APPROVAL
OF THE STANDARD FORM CONSTRUCTION AND
MAINTENANCE AGREEMENT AND APPROVAL OF THE
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July 12, 2016
AMOUNT OF THE PERFORMANCE SECURITY —
W/STIPULATIONS
Item #16A13
AN EASEMENT AGREEMENT TO PURCHASE A ROAD
RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT
(PARCEL 381RDUE) REQUIRED FOR THE EXPANSION OF
GOLDEN GATE BOULEVARD FROM 20TH STREET EAST TO
EAST OF EVERGLADES BOULEVARD. PROJECT NO. 60145
(ESTIMATED FISCAL IMPACT: $30,150)— PART OF A 1 .64
ACRE VACANT PARCEL ON THE EAST SIDE OF
EVERGLADES BOULEVARD, ROUGHLY 630 FEET SOUTH OF
THE INTERSECTION OF GOLDEN GATE BOULEVARD EAST
Item #16A14
A LIST OF PROPOSED LAND DEVELOPMENT CODE (LDC)
AMENDMENTS FOR THE 2016 AMENDMENT CYCLE — AS
DETAILED IN THE EXECUTIVE SUMMARY
Item #16A15
AWARDING ITB #16-6607 COLLIER BLVD. BEAUTIFICATION
TO HANNULA LANDSCAPING AND IRRIGATION, INC., FOR
THE AMOUNT OF $152,247.78, AUTHORIZE THE CHAIRMAN
TO EXECUTE THE AGREEMENT AND APPROVE THE
NECESSARY BUDGET AMENDMENT. (PROJECT NO. 60149) —
A 0.6 MILE PROJECT BETWEEN FIDDLER'S CREEK AND THE
UNIMPROVED MEDIAN NORTH OF MAINSAIL DRIVE WITH
$100,00 OF THE COSTS FUNDED THROUGH A GRANT THAT
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July 12, 2016
IS EXPECTED TO BE COMPLETED BY JUNE 30, 2017
Item #16A16
CATEGORY "A" TOURIST DEVELOPMENT COUNCIL GRANT
APPLICATIONS FROM THE CITY OF NAPLES, THE CITY OF
MARCO ISLAND AND COLLIER COUNTY FOR FY-2016-2017
IN THE AMOUNT OF $10,999,000, INCLUDING PROGRAM
MANAGEMENT AND ADMINISTRATION; AUTHORIZE THE
CHAIRMAN TO SIGN GRANT AGREEMENTS FOLLOWING
COUNTY ATTORNEY APPROVAL AND MAKE A FINDING
THAT THESE EXPENDITURES WILL PROMOTE TOURISM —
AS DETAILED IN THE EXECUTIVE SUMMARY
Item #16A17
RELEASING A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $560,203.75 FOR PAYMENT OF
$4,703.75 IN CODE ENFORCEMENT ACTION ENTITLED
BOARD OF COUNTY COMMISSIONERS V. GRANADA LAKES
VILLAS CONDOMINIUM ASSOCIATION, INC., CODE
ENFORCEMENT BOARD CASE NO. CEPM20130002733
RELATING TO PROPERTY AT 116 SANTA CLARA DRIVE, #8,
COLLIER COUNTY, FLORIDA — THE RESULT OF CODE
VIOLATIONS THAT INCLUDED AN UNSECURED VACANT
STRUCTURE WITH TORN/MISSING SCREENS, MOLD, HALF
OF A SLIDING GLASS DOOR MISSING, BROKEN WINDOWS,
AND FAILURE TO GET INSPECTIONS AND A CERTIFICATE
OF OCCUPANCY ON PROPERTY ACQUIRED BY THE
CONDOMINIUM ASSOCIATION FOLLOWING FORECLOSURE
AND BROUGHT INTO COMPLIANCE APRIL 27, 2016
Page 220
July 12, 2016
Item #16A18
RELEASING A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $5,000 FOR PAYMENT OF $450 IN
CODE ENFORCEMENT ACTION ENTITLED BOARD OF
COUNTY COMMISSIONERS V. STEVEN R. CUIFFO, CODE
ENFORCEMENT BOARD CASE NO. CESD20140025741
RELATING TO PROPERTY AT 308 MORGAN ROAD, COLLIER
COUNTY, FLORIDA — FOR VIOLATIONS THAT INCLUDED A
MOBILE HOME STRUCTURE THAT HAD BEEN ADDED TO
THE PROPERTY BETWEEN 2012 AND 2013 WITHOUT VALID
PERMITS BROUGHT INTO COMPLIANCE APRIL 28, 2016
Item #16A19
RESOLUTION 2016-150: FINAL ACCEPTANCE OF PUBLIC
ROADWAY AND DRAINAGE IMPROVEMENTS ON TRACT
A-1, BLACK BEAR RIDGE, PHASE 2; A RIGHT-OF-WAY
KNOWN AS WOLFE ROAD AND A PORTION OF PRISTINE
DRIVE CONVEYED AND RECORDED IN OR BOOK 4981,
PAGE 133; OR BOOK 4869, PAGE 2896; AND OR BOOK 4655,
PAGE 1761 WITH IMPROVEMENTS MAINTAINED BY
COLLIER COUNTY
Item #16A20
CLERK OF COURTS RELEASE OF A PERFORMANCE BOND
TO D.R. HORTON, INC., IN THE AMOUNT OF $81,300 WHICH
WAS POSTED AS A GUARANTY FOR EXCAVATION PERMIT
NO. 60.099 FOR WORK ASSOCIATED WITH TUSCANY
Page 221
July 12, 2016
POINTE, PL20130001978 — ASSOCIATED WORK HAS BEEN
INSPECTED AND THE DEVELOPER HAS FULFILLED
COMMITMENTS WITH RESPECT TO THE SECURITY
Item #16A21
RESOLUTION 2016-151 : MEMORIALIZING BOARD
APPROVAL OF A JOINT PARTICIPATION AGREEMENT (JPA)
WITH FLORIDA DEPARTMENT OF TRANSPORTATION
(FDOT) IN WHICH COLLIER COUNTY WOULD RECEIVE UP
TO $905,348 IN REIMBURSEMENT FOR CONSTRUCTION OF
TURN LANE IMPROVEMENTS AT THE INTERSECTION OF
STATE ROAD 82 (IMMOKALEE ROAD) AND COUNTY ROAD
850 (CORKSCREW ROAD); EXECUTING A RESOLUTION
MEMORIALIZING THE BOARD'S ACTION; AUTHORIZE ALL
NECESSARY BUDGET AMENDMENTS; AND AUTHORIZING
THE CHAIRMAN, WITHOUT FURTHER BOARD ACTION, TO
EXECUTE A FUTURE AMENDMENT TO THE JPA FOR THE
SOLE PURPOSE OF INCORPORATING FINAL DESIGN PLANS
AFTER FDOT APPROVAL. (PROJECT NUMBER 33478)
Item #16A22
AWARDING ITB #16-6658, SAND SUPPLY FOR BEACH
RE-NOURISHMENT TO STEWART MATERIALS, INC., AND
MAKE A FINDING THAT THIS PROJECT AND EXPENDITURE
PROMOTE TOURISM — FOR THE APPROXIMATELY 75,000
TONS/YEAR (50,000 CY/YEAR) WILL BE NEEDED OVER
THE NEXT 5-YEARS FOR ANNUAL OR BI-ANNUAL RE-
NOURISHMENT PROJECTS; SAND WILL BE PURCHASED
DIRECTLY FROM THE SUPPLIER AND A SEPARATE
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July 12, 2016
CONTRACTOR WILL BE USED FOR PICK-UP, DELIVERY
AND PLACEMENT OF SAND FOR EACH PROJECT
Item #16C1
WORK ORDER UNDER RFQ #14-6213-63 IN THE AMOUNT OF
$339,198 WITH DOUGLAS N. HIGGINS, INC., TO REPLACE
FLOW EQUALIZATION CONTROL GATES AT SOUTH
COUNTY WATER RECLAMATION FACILITY (PROJECT NO.
73969)
Item #16C2
CONTRACT #11-5782 AMENDMENT NO. 2 WITH CDM SMITH,
INC., IN THE AMOUNT OF $597,413 FOR BASIN 101 OF THE
"WASTEWATER BASIN PROGRAM" FOR PROFESSIONAL
ENGINEERING DESIGN SERVICES ASSOCIATED WITH THE
8TH STREET NORTH GRAVITY INTERCEPTOR SEWER AND
MASTER PUMP STATION 101. 12 — TO INCORPORATE TWO
ADDITIONAL DESIGN SERVICE TASKS THAT WERE NOT
EXPLICITLY IDENTIFIED IN THE INITIAL CONTRACT
Item #16C3
AWARDING INVITATION TO BID #16-6543, "GREASE
HAULING," TO MARLIN ENVIRONMENTAL, INC., D/B/A
Al GATOR SEPTIC, AS THE PRIMARY CONTRACTOR AND
CARLOS RIVERO PLUMBING AND SEPTIC TANK
CONTRACTOR, INC., THE SECONDARY CONTRACTOR —
TO MAINTAIN APPROXIMATELY 800 LIFT STATIONS BY
REMOVING GREASE AND INSOLUBLE MATERIAL FROM
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July 12, 2016
WELLS AT THE STATIONS (PRIMARILY CONSISTS OF FAT
AND GREASE FROM COOKING AND RESIDUE FROM SOAP
FILM) AND DISPOSING IT IN A MANNER TO PREVENT
RE-ENTRY INTO THE WASTEWATER SYSTEM
Item #16C4
WORK ORDER UNDER RFQ #14-6213-64 IN THE AMOUNT OF
$515,415 WITH DOUGLAS N. HIGGINS, INC., TO REPLACE
PUMP STATION 309. 19 UNDER WASTEWATER PUMP
STATION PROJECT NO. 70046 — REPLACING A 43-YEAR OLD
PUMP STATION ON MERCANTILE AVENUE TO IMPROVE
ACCESS FOR OPERATIONS AND MAINTENANCE
Item #16C5
BUDGET AMENDMENT TRANSFERRING $165,000 BETWEEN
COST CENTERS WITHIN COLLIER COUNTY WATER-SEWER
DISTRICT OPERATING FUND (408) TO COVER COSTS FOR
UNANTICIPATED INCREASES IN BANK FEES AND
CONTRACTUAL SERVICES
Item #16C6
AMENDMENT #2 TO A 2011 AGREEMENT (CONTRACT #06-
3972) WITH COLLECTORSOLUTIONS, INCORPORATED TO
CONSOLIDATE THE PROCESSING OF ALL CREDIT CARD,
AUTOMATED CLEARING HOUSE AND POINT OF SALE
ELECTRONIC TRANSACTIONS IN THE BOARD OF
COMMISSIONERS AGENCY AND AUTHORIZE THE
CHAIRMAN TO EXECUTE THE AGREEMENT AFTER FINAL
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July 12, 2016
REVIEW BY THE COUNTY ATTORNEY'S OFFICE — TO
ELIMINATE ADDITIONAL HOSTING COSTS ASSOCIATED
WITH COLLECTIONS FROM OTHER DIVISIONS THAT WILL
SAVE APPROXIMATELY $155,000 ANNUALLY
Item #16C7
A SCRIVENER'S ERROR TO CHANGE THE AMOUNT OF
AWARDED BID #16-6602, "NAPLES SOUTH WATER MAIN
REPLACEMENT," PROJECT NUMBER 71010 WITH KYLE
CONSTRUCTION, INC., FROM $1,392,752.40 TO $1,392,737 —
CORRECTING AN ERROR IN THE CONTRACT AWARDED
MAY 24, 2016 (AGENDA ITEM #11D)
Item #16D1
RESOLUTION 2016-152: NAMING THE GOLDEN GATE DOG
PARK "GOLDEN GATE PAWS PARK" AS RECOMMENDED BY
THE PARKS AND RECREATION ADVISORY BOARD
Item #16D2
A MEMORANDUM OF AGREEMENT WITH FLORIDA FISH
AND WILDLIFE CONSERVATION COMMISSION TO ALLOW
YOUTH HUNTS FOR COUNTY RESIDENTS AT THE PEPPER
RANCH PRESERVE IN NOVEMBER 2016, JANUARY 2017
AND FEBRUARY 2017 — FOR A NOVEMBER 18-20, 2016 DEER
HUNT; FOR A JANUARY 13-15, 2017 HOG HUNT; AND FOR A
FEBRUARY 24-26, 2017 TURKEY HUNT
Item #16D3
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July 12, 2016
"AFTER-THE-FACT" AMENDMENT #2 AND ATTESTATION
STATEMENT WITH THE AREA AGENCY ON AGING FOR
SOUTHWEST FLORIDA, INC. FOR THE ALZHEIMER'S
DISEASE INITIATIVE GRANT PROGRAM FOR THE COLLIER
COUNTY SERVICES FOR SENIORS AND A BUDGET
AMENDMENT TO ENSURE CONTINUOUS FY 15/16 FUNDING
(NET FISCAL IMPACT: $4,600) — AMENDMENT ADI 203. 15.002
INCREASING FUNDING TO PROVIDE CASE MANAGEMENT
AND SERVICES BASED ON CURRENT AND PROJECTED
NEEDS WITH THE EFFECTIVE DATE OF APRIL 21, 2016
Item #16D4
"AFTER-THE-FACT" AMENDMENT #3 AND ATTESTATION
STATEMENT WITH THE AREA AGENCY ON AGING FOR
SOUTHWEST FLORIDA, INC. FOR THE COMMUNITY CARE
FOR THE ELDERLY GRANT PROGRAM AND BUDGET
AMENDMENT TO ENSURE CONTINUOUS FY 15/16 FUNDING
(NET FISCAL IMPACT: $50,000) — AMENDMENT 203. 15.003 TO
DECREASE FUNDING DUE TO FLUCTUATING CLIENT LOAD
AND SERVICES WITH AN EFFECTIVE DATE OF MAY 24, 2016
Item #16D5
AFTER-THE-FACT" AMENDMENTS AND ATTESTATION
STATEMENTS WITH THE AREA AGENCY ON AGING FOR
SOUTHWEST FLORIDA, INC. FOR THE COMMUNITY CARE
FOR THE ELDERLY, ALZHEIMER'S DISEASE INITIATIVE,
AND HOME CARE FOR THE ELDERLY PROGRAMS TO
EXTEND THE TERM OF THE AGREEMENTS AND ENSURE
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July 12, 2016
CONTINUOUS FUNDING FOR FY 15/16 — CCE 203.15.004
AMENDMENT NO. 4; ADI 203.15.003 AMENDMENT NO. 3;
AND HCE 203. 15.003 AMENDMENT NO. 3 TO EXTEND THE
CONTRACTS WITH THE AGENCY FOR THESE PROGRAMS
TO AUGUST 30, 2016
Item #16D6
"AFTER-THE-FACT" AMENDMENT NO. 2 AND
ATTESTATION STATEMENT WITH THE AREA AGENCY ON
AGING FOR SOUTHWEST FLORIDA, INC. FOR SERVICES
FOR SENIORS OLDER AMERICANS ACT TITLE IIIC 1 AND
IIIB PROGRAMS AND A BUDGET AMENDMENT TO ENSURE
CONTINUOUS FY16 FUNDING (FISCAL IMPACT: $6,829.67) —
AMENDMENT OAA 203. 16.002 TO INCREASE FUNDING FOR
TITLE IIIC 1- CONGREGATE MEALS, TO ADD CLIENTS
AND/OR SERVICES TO EXISTING CLIENTS AND CHANGE
THE REIMBURSEMENT RATE OF IIIB TRANSPORTATION
SERVICES FROM 90% TO 100% EFFECTIVE MAY 18, 2016
Item #16D7
A MORTGAGE SATISFACTION FOR THE STATE HOUSING
INITIATIVES PARTNERSHIP LOAN PROGRAM IN THE
AMOUNT OF $20,000 — FOR THE REPAYMENT OF A SHIP
PROGRAM LOAN ON PROPERTY AT 5161 32ND AVENUE SW,
NAPLES
Item #16D8
RELEASE OF LIEN TO REPAY 100% OF DEFERRED
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July 12, 2016
COUNTYWIDE IMPACT FEES FOR AN OWNER-OCCUPIED
AFFORDABLE HOUSING UNIT — FOR THE REPAYMENT OF
$17,020.25 ON PROPERTY AT 13320 COVENANT ROAD
Item #16D9
A BUDGET AMENDMENT TO RECOGNIZE $38,900.48 IN
REVENUE RECEIVED UNDER THE COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM — REGARDING A
CASE FILED AGAINST THE HOUSING DEVELOPMENT
CORPORATION TO RECOUP PROCEEDS FROM THE SALE OF
CDBG PROPERTY
Item #16D10
NAPLES MUNICIPAL AIRPORT BUS SHELTER
MAINTENANCE AGREEMENT WITH THE NAPLES AIRPORT
AUTHORITY AUTHORIZING THE CONSTRUCTION OF TWO
BUS SHELTERS TO BE USED FOR THE COLLIER AREA
TRANSIT (CAT) PUBLIC TRANSPORTATION SYSTEM
ALONG AIRPORT PROPERTY — THE NAPLES AIRPORT
AUTHORITY WOULD LIKE TO CONSTRUCT TWO BUS
SHELTERS AT EXISTING CAT BUS STOPS, AT ITS OWN
EXPENSE AND ON ITS OWN PROPERTY AND HAS AGREED
TO MAINTAIN THE SHELTERS THAT WILL BE BUILT
ADJACENT TO THE AIRPORT AT TRANSIT STOP #114 & #115
Item #16D11
TWO LANDLORD PAYMENT AGREEMENTS THAT WILL
ALLOW THE COUNTY TO ADMINISTER THE RAPID
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July 12, 2016
RE-HOUSING AND HOMELESSNESS PREVENTION
PROGRAM THROUGH THE EMERGENCY SOLUTIONS
GRANT PROGRAM — FOR AGREEMENTS WITH ANTONE
MENDEZ AND DONALD R. WARD, LLC
Item #16D12
WAIVING AFFORDABLE HOUSING DENSITY BONUS LAND
DEVELOPMENT CODE SECTION 2.06.04 A. 11 TO ALLOW AN
OTHERWISE QUALIFIED INDIVIDUAL THAT MAY BE
AFFILIATED WITH THE DEVELOPER TO OCCUPY AN
AFFORDABLE HOUSING DENSITY BONUS UNIT — AS
DETAILED IN THE EXECUTIVE SUMMARY
Item #16D13
FY16 PROJECTS AND SUBMITTING A GRANT APPLICATION
FOR FEDERAL TRANSIT ADMINISTRATION, 49 USC § 5307
FY16 GRANT FUNDS IN THE AMOUNT OF $2,743,559
THROUGH THE TRANSIT AWARD MANAGEMENT SYSTEM
(TRAMS) AND APPROPRIATING A BUDGET AMENDMENT
TO ALLOW CONTINUOUS OPERATION OF COLLIER AREA
TRANSIT PRIOR TO THE EXECUTION OF THE AWARD — AS
DETAILED IN THE EXECUTIVE SUMMARY
Item #16D14
FY16 PROJECTS AND SUBMITTING A GRANT APPLICATION
FOR FEDERAL TRANSIT ADMINISTRATION, 49 USC § 5339
FY16 GRANT FUNDS OF $299,327 THROUGH THE TRANSIT
AWARD MANAGEMENT SYSTEM (TRAMS) — ANY FUNDS
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July 12, 2016
THAT ARE AWARDED WILL BE USED TO ENHANCE THE
EFFECTIVENESS OF TRANSIT OPERATIONS
Item #16D15
A LIEN AGREEMENT WITH BIG CYPRESS HOUSING
CORPORATION FOR DEFERRAL OF SPECIFIED COLLIER
COUNTY IMPACT FEES FOR 18 AFFORDABLE RENTAL
HOUSING UNITS AT HATCHERS PRESERVE, IMMOKALEE,
FLORIDA; AND APPROVING A $28,105.64 REFUND FOR
PREVIOUSLY PAID IMPACT FEES ON THE PROPERTY — THE
LIEN AGREEMENT WILL DEFER $245,059.20 IN IMPACT
FEES AND THE DEVELOPER WILL PROVIDE A TREASURY
BILL THAT WILL MATURE IN 10 YEARS FOR THE FULL
DEFERRED AMOUNT
Item #16D16
DISADVANTAGED BUSINESS ENTERPRISE (DBE) GOALS
FOR FY17, 18, AND 19 TO ENSURE THAT DBE'S HAVE AN
EQUAL OPPORTUNITY TO RECEIVE AND PARTICIPATE IN
FEDERAL TRANSIT ADMINISTRATION ASSISTED
CONTRACTS BY ENSURING NON-DISCRIMINATION IN
THEIR AWARD AND ADMINISTRATION — THE PROPOSED
GOAL FOR PROFESSIONAL, CONSULTING, CONSTRUCTION,
AND PROCUREMENT CONTRACTS DURING THE PERIOD OF
OCTOBER 1, 2016 THROUGH SEPTEMBER 30, 2019 WILL BE
1 .60% OF DOT AND FTA CONTRACTS EACH FISCAL YEAR
Item #16D17
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July 12, 2016
TEMPORARY CONSTRUCTION EASEMENT TO IC AQUA II,
LLC OVER A PORTION OF COCOHATCHEE RIVER PARK TO
ALLOW IMPROVEMENTS IN THE PARK MADE PURSUANT
TO COMMITMENT 6. 15.A OF PUD ORDINANCE 2005-15,
COCONILLA RPUD (AQUA) — AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16E1
CONVEYING A UTILITY EASEMENT THROUGH COUNTY
PROPERTY TO COLLIER COUNTY WATER-SEWER DISTRICT
ON BEHALF OF THE PUBLIC UTILITIES DEPARTMENT —
FOR A PUBLIC UTILITIES PROJECT THAT INVOLVES
THE INSTALLATION OF AN ADDITIONAL WATER MAIN
INTERCONNECTION FROM A WATER MAIN LOCATED ON
AIRPORT PULLING ROAD TO A WATER MAIN ON CURLING
AVENUE BY ROUTING A NEW LINE THROUGH A 50' STRIP
OF LAND OWNED BY THE COUNTY AND CURRENTLY
USED FOR THE FOUR SEASONS OUTFALL CANAL
Item #16E2
RESOLUTION 2015-153: APPROVING LEASE NO. 57-4209-15-
003 WITH THE UNITED STATES OF AMERICA ON BEHALF
OF THE UNITED STATES DEPARTMENT OF AGRICULTURE
FOR CONTINUED USE OF OFFICE SPACE WITHIN THE
COLLIER COUNTY UNIVERSITY EXTENSION OFFICE — A
10-YEAR LEASE BEGINNING AUGUST 1, 2016 FOR 1,100
SQUARE FEET OF SPACE AT THE AGRICULTURE CENTER
WITH THE FIRST YEAR RENT $13,254.24 WITH 2% ANNUAL
ESCALATIONS THROUGHOUT THE LIFE OF THE LEASE
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July 12, 2016
Item #16E3
THE ADDITION OF FOUR CLASSIFICATIONS, REMOVAL OF
FOUR CLASSIFICATIONS AND RECLASSIFICATION OF TWO
POSITIONS IN THE FY16 PAY & CLASSIFICATION PLAN
MADE APRIL 1, 2016 THROUGH JUNE 30, 2016 — AS
DETAILED IN THE EXECUTIVE SUMMARY
Item #16E4
AWARDING RFP #16-6615, "BIOMETRIC TESTING" TO
MIDLAND HEALTH SERVICES, INC. (FISCAL IMPACT:
$349,800) — THE CURRENT AGREEMENT WITH QUEST
DIAGNOSTICS TERMINATES SEPTEMBER 30, 2016 FOR
SERVICES THAT INVOLVE BLOOD TESTS AND BIOMETRIC
MEASUREMENTS (WEIGHT, HEIGHT, WAIST, BMI AND
BLOOD PRESSURE) USED TO ASSESS INDIVIDUAL HEALTH
RISKS AND QUALIFY FOR THE WELLNESS PROGRAM, A
PART OF COLLIER COUNTY'S HEALTH INSURANCE PLAN
OFFERED TO COUNTY EMPLOYEES AND THEIR FAMILIES
Item #16E5
A 3-MONTH EXTENSION TO THE ICMA RETIREMENT
CORPORATION ADMINISTRATIVE SERVICES AGREEMENT
SCHEDULED TO EXPIRE ON JULY 26, 2016 — ICMA HAS
PROPOSED REVISED LANGUAGE THAT WOULD TAKE
EFFECT WITH THE APPROVAL OF A NEW AGREEMENT
AND STAFF IS REQUESTING AN EXTENSION OF CONTRACT
#11-5730, TO ALLOW FOR REVIEW AND TO NEGOTIATE
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July 12, 2016
CHANGES TO THE NEW PROPOSED AGREEMENT
Item #16E6
REJECTING A SOLE RESPONSE RECEIVED FOR ITB #16-6640,
UNINTERRUPTIBLE POWER SYSTEMS (UPS), FOR
FACILITIES MANAGEMENT, IN CONJUNCTION WITH
OTHER COUNTY DEPARTMENTS AND DIVISIONS, AND TO
AUTHORIZING COUNTY STAFF TO RE-SOLICIT — THE BID
WAS DEEMED NON-RESPONSIVE BECAUSE THE
PROSPECTIVE VENDOR ONLY PROVIDED A BID
SCHEDULE, WITH NO RESPONSE TO THE REMAINDER OF
THE REQUESTED AND/OR REQUIRED INFORMATION
Item #16E7
AWARDING ITB #16-6591 FOR THE PURCHASE OF POWER
AMBULANCE STRETCHERS TO STRYKER SALES
CORPORATION IN THE AMOUNT OF $139,300 — TO REPLACE
EXISTING MANUALLY OPERATED STRETCHERS USED BY
EMS WITH STRYKER'S "POWERPRO" MODEL
Item #16E8
ADMINISTRATIVE REPORTS PREPARED BY PROCUREMENT
SERVICES FOR CHANGE ORDERS, SURPLUS PROPERTY
AND OTHER ITEMS AS IDENTIFIED — FOR THE PERIOD OF
MAY 19 — JUNE 23., 2016
Item #16F1
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July 12, 2016
AWARDING ITB #16-6635, CLOSED CAPTIONING SERVICES
TO ABERDEEN CAPTIONING, INC. AS THE PRIMARY
VENDOR AND CAPTIONING SERVICES, LLC D/B/A FLORIDA
CAPTIONING SERVICES, AS THE SECONDARY VENDOR — A
2-YEAR AGREEMENT WITH AN OPTION TO RENEW TWO
ADDITIONAL YEARS FOR BROADCASTS OF BOARD OF
COUNTY COMMISSIONER MEETINGS AND OTHER
SCHEDULED MEETINGS IN THE BOARDROOM
Item #16F2
AWARD RFP #16-6648 TO IGNITE SOFTWARE HOLDINGS,
LLC, FOR THE PURCHASE OF INTERNAL CONTROLS AND
BUSINESS RISK ASSESSMENT SOFTWARE AND AUTHORIZE
THE NECESSARY BUDGET AMENDMENT (FY17 FISCAL
IMPACT NOT TO EXCEED: $161,100) — A 1-YEAR CONTRACT
WITH THREE, ONE YEAR RENEWAL OPTIONS FOR CLOUD
BASED SOFTWARE AND TECHNICAL SUPPORT SERVICES
FOR THE COUNTY MANAGER'S AGENCY
Item #16F3
TOURIST DEVELOPMENT TAX CATEGORY "B" FUNDING TO
SUPPORT FOUR (4) UPCOMING FY 16 SPORTS EVENTS UP TO
$12,800 AND MAKE A FINDING TTHESE EXPENDITURES
PROMOTE TOURISM — FOR THE FLORIDA STATE SOCCER
ASSOCIATION 7V7 TOURNAMENT AUGUST 5-7, 2016; THE
FLORIDA FIRE COLUMBUS DAY TOURNAMENT OCTOBER
8-9, 2016; WARRIOR CITRUS MELTDOWN LAXPALOOZA
OCTOBER 15-16, 2016 AND THE ALLIGATOR ALLEY
LACROSSE CLASSIC OCTOBER 29-30, 2016
Page 234
July 12, 2016
Item #16F4
AWARDING ITB #16-6645 "PRODUCTION OF TOURISM
GUIDE" TO FLORIDA HOMES MAGAZINE, LLC D/B/A FUSE
MEDIA ("FUSE MEDIA") FOR PRODUCTION SERVICES,
REJECTING ALL BIDS FOR THE PRINTING OF THE TOURISM
GUIDE, RE-SOLICIT PRINTING BIDS AND MAKE A FINDING
THAT THIS ACTION PROMOTES TOURISM — TO PRODUCE
THE COUNTY'S ANNUAL VISITOR GUIDE AND COSTS NOT
TO EXCEED $53,700
Item #16F5
RESOLUTION 2016-154: APPROVING AMENDMENTS
(APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS
OR INSURANCE PROCEEDS) TO THE FY 2015-16 ADOPTED
BUDGET
Item #16F6
AWARDING ITB #16-6676, "LAKE AERATION EQUIPMENT
FOR PELICAN BAY" TO DEANGELO BROTHERS, LLC D/B/A
AQUAGENIX ("AQUAGENIX") FOR $82,498 AND UNDER
LAKE AERATION FOR PELICAN BAY PROJECT #50108 — TO
SUPPLY AND DELIVER EIGHT (8) SOLAR AERATION
SYSTEMS FOR PELICAN BAY STORMWATER LAKES TO
CONTROL ALGAE AND MAINTAIN WATER QUALITY; A
SEPARATE SOLICITATION WILL BE ISSUED FOR
INSTALLATION
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July 12, 2016
Item #16F7
DETERMINING PROPOSED "PROJECT ICE" IS A QUALIFIED
APPLICANT TO COLLIER COUNTY'S ADVANCED LONG-
TERM PRODUCTIVITY STRATEGY PROGRAM ("ALPS"),
PROVIDING UP TO $483,452 IN PERFORMANCE BASED HIGH
WAGE JOB CREATION INCENTIVES, SPREAD OVER FOUR
YEARS, FOR A CORPORATE HEADQUARTERS PROJECT — AS
DETAILED IN THE EXECUTIVE SUMMARY
Item #16F8 — Moved to Item #11F (Per Agenda Change Sheet)
Item #16F9 — Moved to Item #11G (Per Agenda Change Sheet)
Item #16F10
AN AGREEMENT WITH "PROJECT NIKITA" WHICH
PROVIDES UP TO $600,000 OF LOCAL FINANCIAL SUPPORT
FOR THE FLORIDA QUICK ACTION CLOSING FUND
ECONOMIC DEVELOPMENT INCENTIVE INDUCING THE
CORPORATE HEADQUARTERS PROJECT WHICH WILL
CREATE 560 NEW QUALITY JOBS IN COLLIER COUNTY — AS
DETAILED IN THE EXECUTIVE SUMMARY
Item #16G1
A SITE LICENSE AGREEMENT WITH ALTAIR TRAINING
SOLUTIONS, INC. TO CONDUCT DRIVER TRAINING EVENTS
AT THE IMMOKALEE REGIONAL AIRPORT — EFFECTIVE
UNTIL DECEMBER 31, 2020 AND PROVIDES USE OF THE
PROPERTY ON AN "AS NEEDED" BASIS, BASED ON THE
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July 12, 2016
AVAILABILITY OF THE SITE AND WEATHER CONDITIONS,
SUBJECT TO APPROVAL BY THE AIRPORT MANAGER
Item #16G2
REJECTING ITB #16-6592, AIRPORT AUTHORITY RENTAL
CAR CONCESSIONAIRE SERVICES AND APPROVING
AMENDMENT #3 TO THE COLLIER COUNTY AIRPORT
AUTHORITY CONCESSION AGREEMENT FOR CAR RENTAL
SERVICE WITH ENTERPRISE LEASING COMPANY OF
FLORIDA, LLC — BECAUSE ONE BID WAS RECEIVED THE
CURRENT AGREEMENT IS BEING EXTENDED THROUGH
JUNE 28, 2017 FOR RENTALS AT MARCO ISLAND AIRPORT
AND SERVICE ON A LIMITED, ON DEMAND BASIS FOR
IMMOKALEE AIRPORT AND EVERGLADES AIR PARK;
AMENDMENT #3 WILL ALLOW STAFF TO CONTINUE
OFFERING SERVICES WHILE THEY PREPARE A MORE
COMPREHENSIVE SOLICITATION AND CONSIDER OTHER
OPTIONS FOR "OFF AIRPORT" VENDORS
Item #16H1
RESOLUTION 2016-155: APPOINTING PAULA ROGAN
(PRECINCT 323 RESIDENT) TO THE GOLDEN GATE
BEAUTIFICATION ADVISORY COMMITTEE, FILLING THE
REMAINDER OF A VACANT TERM THAT WILL EXPIRE
OCTOBER 6, 2019
Item #16H2
RESOLUTION 2016-156: WAIVING COLLIER COUNTY'S
Page 237
July 12, 2016
RESIDENCY REQUIREMENT BYAPPOINTING ADRIAN
CORUJO (COLLIER COUNTY MEDICAL RESERVE CORPS
CATEGORY) TO THE COLLIER COUNTY CITIZEN CORPS
AND SERVING THE REMAINDER OF A VACANT TERM
EXPIRING NOVEMBER 5, 2017; CONTINGENT UPON THE
BOARD'S ADOPTION OF PROPOSED AMENDMENTS TO
COLLIER COUNTY CITIZENS CORPS ORDINANCE 02-56
Item #16J1
TO RECORD IN THE MINUTES OF THE BOARD OF COUNTY
COMMISSIONERS, THE CHECK NUMBER (OR OTHER
PAYMENT METHOD), AMOUNT, PAYEE, AND PURPOSE FOR
WHICH THE REFERENCED DISBURSEMENTS WERE DRAWN
FOR THE PERIODS BETWEEN JUNE 16 TO JUNE 29, 2016
PURSUANT TO FLORIDA STATUTE 136.06
Item #16J2
PROVIDING SPECIAL INTERIM REPORTS FOR APPROVAL
AS DETAILED IN SECTION 2C OF THE AGREED-UPON
ORDER DATED JULY 16, 2015 BY JUDGE JAMES R. SHENKO
IN THE MANNER REQUESTED BY THE BOARD OF COUNTY
COMMISSIONERS (PREVIOUSLY INCLUDED IN 16I) AND
THAT PRIOR TO PAYMENT, THE BOARD APPROVES THESE
EXPENDITURES WITH A FINDING THAT SAID
EXPENDITURES SERVE A VALID PUBLIC PURPOSE AND
AUTHORIZES THE CLERK TO MAKE DISBURSEMENT
Item #16J3 — Deny Payables Report (Per Agenda Change Sheet)
Page 238
July 12, 2016
TO PROVIDE TO THE BOARD A "PAYABLES REPORT" FOR
THE PERIOD ENDING JULY 6, 2016 PURSUANT TO THE
BOARD'S REQUEST
Item #16K1
THE CHAIR TO EXECUTE A SETTLEMENT AGREEMENT
AND MUTUAL RELEASE, IN THE LAWSUIT STYLED
DOUGLAS HOLDRIDGE V. COLLIER COUNTY, FILED IN THE
TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER
COUNTY, FLORIDA (CASE NO. 16-0090-CA), FOR THE SUM
OF $5,000 — REGARDING A JANUARY 31, 2013 FALL ON
PINELAND AVENUE
Item #16K2
JOINT MOTION AND STIPULATED FINAL JUDGMENT IN
THE AMOUNT OF $1,250 FOR PARCELS 101DUE, 102DUE
AND 102TCE, IN THE LAWSUIT CAPTIONED COLLIER
COUNTY V. HENRY ALLEN FISH, ET AL, CASE NO. 2015-CA-
1810, REQUIRED FOR INTERSECTION IMPROVEMENT
PROJECT #60016. (FISCAL IMPACT: $1,250) — REGARDING
CONSTRUCTION OF ROADWAY AND RELATED DRAINAGE
AND UTILITY IMPROVEMENTS AT THE LAKE TRAFFORD
ROAD/NORTH 19TH STREET INTERSECTION, IMMOKALEE
Item #16K3
JOINT MOTION AND PROPOSED STIPULATED FINAL
JUDGMENT IN THE AMOUNT OF $94,100 FOR PARCEL
159RDUE IN THE PENDING EMINENT DOMAIN CASE
Page 239
July 12, 2016
STYLED COLLIER COUNTY V. LEE MCCASKEY, ET AL., CASE
NO. 15-CA-0152 REQUIRED FOR THE WIDENING OF GOLDEN
GATE BLVD. FROM WILSON BOULEVARD TO 20TH STREET
EAST, PROJECT NO. 60040. (FISCAL IMPACT: $22,900)
Item #16K4
A SETTLEMENT AGREEMENT IN THE LAWSUIT STYLED
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS V.
F & H ELECTRICAL CONTRACTORS, INC., D/B/A F & H
CONTRACTORS AND FLORIDA POWER & LIGHT (FPL), FILED
IN THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
COLLIER COUNTY, FLORIDA (CASE NO. 15-0284-CA), FOR
THE TOTAL SUM OF $14,665 — REGARDING AN INCIDENT
ON JUNE 5, 2014, WHEN WORKERS OF F&H CONTRACTORS
WERE BORING ON BEHALF OF FPL AND BREACHED A
COUNTY WASTEWATER LINE THAT CAUSED DAMAGES
TOTALING $17,378.48
Item #17A
THIS ITEM CONTINUED TO THE SEPTEMBER 13, 2016 BCC
MEETING. RECOMMENDATION TO APPROVE PETITION
VAC-PL20160000379 TO DISCLAIM, RENOUNCE AND
VACATE THE COUNTY AND THE PUBLIC INTEREST IN A
PORTION OF THE EAST END OF MAINSAIL DRIVE RIGHT-
OF-WAY, BEING A PART OF MARCO SHORES UNIT ONE,
PLAT BOOK 14, PAGE 33 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 26,
TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA
Page 240
July 12, 2016
Item #17B — Withdrawn (Per Agenda Change Sheet)
ITEM WAS CONTINUED FROM THE JUNE 28, 2016 BCC
MEETING. RECOMMENDATION TO CONSIDER ADOPTION
OF AN ORDINANCE ESTABLISHING THE "LONGWATER"
COMMUNITY DEVELOPMENT DISTRICT (CDD) PURSUANT
TO SECTION 190.005(2), FLORIDA STATUTES
Item #17C
THIS ITEM IS WITHDRAWN AND WILL BE RE-ADVERTISED
FOR THE SEPTEMBER 13, 2016 BCC MEETING.
RECOMMENDATION TO APPROVE A RESOLUTION
AMENDING ORDINANCE NO. 2004-66 AS AMENDED, THAT
CREATED AN ADMINISTRATIVE CODE FOR COLLIER
COUNTY, TO ADD SECTION I.3.A., ENTITLED IMMOKALEE
NONCONFORMING MOBILE HOME PARKS OR MOBILE
HOME SITES - EXISTING CONDITIONS SITE IMPROVEMENT
PLAN, TO CHAPTER FOUR, ADMINISTRATIVE
PROCEDURES, OF EXHIBIT "B," ADMINISTRATIVE CODE
FOR LAND DEVELOPMENT; AND PROVIDING AN
EFFECTIVE DATE
Item #17D
ORDINANCE 2016-21 : AMENDING ORDINANCE 2002-56, THE
COLLIER COUNTY CITIZEN CORPS ORDINANCE
Item #17E
Page 241
July 12, 2016
RESOLUTION 2016-157: APPROVING AMENDMENTS
(APPROPRIATING CARRY FORWARD, TRANSFERS AND
SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2015-16
ADOPTED BUDGET
*****
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 4:28 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
j:46.‘&
DONNA FIA A, CHAIRMAN
ATTEST
DWIGHT E. BROCK, CLERK
hOr_ Th -- F 1,
.--V.
Attest as to Chairman's
signature only.
These minutes appro d by the Board on j 7_70. . 1 i 2C2)(0, as
presented k.--' or as corrected
TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL
SUPPORT, INC., BY TERRI LEWIS, COURT REPORTER AND
NOTARY PUBLIC.
Page 242